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Fighting Spam - Using the DMCA for Good?
Tesseract asks: "Since I run my own mail server, and have several processes in place to stop spam from hitting my mailbox, could it not be construed as a violation of the DMCA
for spammers to 'bypass' my anti-spam protections? On a similar note, wouldn't retention of my copyrighted information (email address) be a violation of copyright law? It would seem that [parts of section 1201 might
cover such situations]. How about
this reference, as well? Isn't there some way to turn this legal nightmare back on itself kung-fu style?"
The DMCA forbids circumventing encryption to get to copyrighted material. I fail to see how you can construe sending mail as that.
Secondly, your email address is a fact, and can not be copyrighted. No less than your street address.
Things like this would be true. But we live in america, where the spammers think that what they are doing is a perfectly legitimate business model, that doesn't actually hurt anyone.
:)
Of course, if such claims could be held in court, it would be interesting to see the spammers fight the DMCA
This
Please refrain from using this medium in the future.
-- 'The' Lord and Master Bitman On High, Master Of All
are you a big company that gives lots of money to the government?
then get lost. the dmca doesn't apply to you.
and you run a server, that makes you a computer expert. that's one step away from hacker, pirate, or terrorist.
remember, this government isn't here to protect YOU, it's funny you'd think that.
The instant you try to use it like this: sure it is valid under the letter of the law, however, it's clearly a wrong and misguided law, and arguably unconstitutional.
You'd probably win in court with this: this would be bad because it sets a precedent that the DMCA is valid, which it is not. Be better than they are and don't fsck over the rest of us.
If it could be useful against spam, the same argument can be turned against you and be made to prevent deep linking, etc.
Your email address is a simple URL, and the email becomes an access_log entry. The spam protection is a referral-link + user-agent check.
Do you see where this is going?
THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
Your e-mail address is not copyrightable. And e-mail address is a fact. Just like you cannot copyright a telephone number.
Yeah right, because the DCMA is enforceable outside of the US.
Also - what kind of copyright do you think your emails has? NONE! Maybe you could trademark your domain, but:
a. It would cost a BOMB for an internationally recognised trademark (remember - the world is bigger than the US).
b. It would cost a BOMB to enfoprce it - you have to enforce it otherwise you lose it.
The best you can do is what everyone else does - only give your primary email address to people you trust. For mailing lists, etc. create email addresses with the various free email services out there.
Steve.
If you own a trade mark (they can't that expensive to get ;-), and a mail server, why not open an account TradeMark@MyDomain.tld. Every time someone sends mail to that address without a (tm) and a footnote telling that the (tm) is owned by you, sue them for abusing your tm...
nuff said...
You'll have that sometimes...
"..turn this legal nightmare back on itself kung-fu style?"
I thought it was judo that was based on the concept of using one's opponent's own weight or strength against him. Do they do this in kung-fun also? Are there any martial artists who can clarify this?
We musn't let it tempt us with its power. It bends its bearer to its will, and cannot be used as a weapon to fight darker forces.
CAST IT INTO THE FIRE