Last, I would like to emphasize that CAN-SPAM compliant emailers are not a legitimate spam problem. By definition, everything that is sent by CAN-SPAM emailers is solicited, and by law, anyone who doesn't want that email can get off the list. Each message contains instructions on how to remove oneself. Look at the plain language of unsolicted. CAN-SPAM sets a set of requirements for commercial e-mails which are not transactional messgages or prior affirmative consen -- unsolicited.
Second, we already know that Spamhaus is unconcerned with CAN-SPAM compliance, and that it didn't dispute that e360insight complied with CAN-SPAM. According to Spamhaus, CAN-SPAM compliance is irrelevant. It wasn't the case that Spamhaus asserted that e360insight didn't comply with CAN-SPAM. I suspect the probably did comply. Its trivially easy.
You make two incorrect assumptions. One can filter spam, whether or not the spam is CAN-SPAM compliant. One can call e-mail spam, if the e-mail is unsolicited commercial e-mail, whether or not it is CAN-SPAM complient.
Here is a thought, if E360 so legitimate, why do they use Moniker's whois protection service?
Incorrect, removal to federal court does not consent to jurisdiction. See Morris & Co. v. Skandinvia Ins. 279 U.S. 405,409 (1929); Phillips v. Manufacturers Trust Co., 101 F.2d 723,727 (9th Circuit 1939).
My wife does not get e-mail through my service. I provide free service to some non-profit groups. I also provide service to some models, law firms and individuals. Under the law, I am an ISP.
You have to keep in mind that divorce lawyers do have the background of finding assets that a spouse has hidden or transferred to the spouse's lover.
Even so, with this firm, I have not lost a motion, even against competent attorneys.
Or at least part of the point. Once I win, and I will one, they cannot sue anybody for calling them a spammer as they did to group of newsgroup posters.
Courts already ruled that spammers can be sued where the spam is received (known as the effects test from Calder v. Jones, 465 U.S. 783, 804 S. Ct. 1482). My successful brief agaainst a porn spammer is here.
Additionally, E360's sister business (http://www.bargaindepot.net) specifically programmed their web site to take orders from California (via drop down lists).
I don't think that any motion by them saying that there is no jurisdiction over them in Califonia, but they have jurisdiction over Spamhaus in the UK will pass either the smell test or the laugh test.
IBM hurt the relationship between SCO and other people by fighting SCO's copyright suit. By fighting the copyright suit, it pissed off many people who decided to move away from SCO lest they may be sued in a few years.
Interesting. Not having a program for "programs for sex addiction or other psychological illnesses" may cause them for problems. There has been some rulings (in Mass) that said that disability insurance companies can't discriminate between mental and physical disabilities.
CAN-SPAM nullified state laws on the matter. Sort of. CAN-SPAM includes explicit language that carves out an exception to the nullification --- that state laws that prohibit falsity and deception can still survice.
Despite the 4th circuit opinion, I have a court that ruled that California law (17529.5) is not preempted by CAN-SPAM.
From my read on the anti-spam laws, the company would be an ISP for the employees. Given that, the company can sue the spammers that use deceptive headers and subject lines in their e-mails. Under California law, a recipient or ISP can get $1,000 per illegal e-mail.
When it starts costing spammers more money than they make, they will stop. In my experience, asking spammers to stop nicely does not work. Filing a lawsuit usually is the only way to get them to stop. I have one spammer that still spams after getting 6 figures yanked from their payment processing account. This time, I am asking for 7 figures in punitive damages.
The publishing company will not spend the legal fees for the one page. Now if everyone used a different page, you can view enough houses to read the entire book.
In the early Model 3s, it had a special security feature. If you turned the power off with the diskette in the drive, it would wipe the diskette. It sold very well to bookies, loan-sharks, mafioso.
I'd include Steve Wozniak. He was the one who designed the Apple. The Apple II and The Trash-80 were the real home computers available for the masses. The earlier computers where you had to get them from Heathkit or toggle in your boot loader, didn't quite make it in the home and the business.
Also I would add Jonathan Rotenberg. He founded the Boston computer Society in 1977. The BCS served as a incubator for new products and companies. Many of the large computer companies made presentations and announcements to the BCS. Several companies used groups of people at the BCS as source for focus groups and and source for beta groups (back in the days where they didn't consider customers their alpha testers).
You were fired, you did not quit. Giving two weeks notice is saying, "I am going to quit in two weeks." You can apply for unemployement for the 2 weeks, unless you can start early at the new job.
They can sue, but it is not likely they would win. The new employer may not like it.
It was in Dilbert years ago. Can't remember which characters, but it had one showing the other their speech recognition system, and the other said what would happen if I said "DELETE ALL FILES"?
Living document? Constitution? What are you trying to hide? You must be a terrorist if you are trying to hide behind the constitution.
If you had nothing to hide, you'd have no qualms about us inspecting your computers, listening on your phone calls, and being searched when we feel like it.
And I forgot, you have to remove the obscene language used in variable names and comments such as "// my %%@!! boss XX must be on drugs if he thinks that I will do this."
You can't just open source software, there is work to do to open source it. First, you have to inspect the licenses of any module/code that you include to make sure that it is open sourceable. You also have to have a build system in place that works with open source. Is it truly open source, if you have to buy Microsoft's Visual Studio to build it?
I finally got the source code for Post Road Mailer (native OS/2 application). Before I can start working on it, I have to build a project file for Visual SlickEdit, then linting (or is it de-lint) it, then port it over to Watcom or Gcc. There may be some legal some issues that prevent me from open sourcing it, but I hope to get it working well enough to start distributing it -- legally, free as in beer.
Typically, you are licensed for the music/song/movie -- you only buy the media. If the RIAA wants to take that position, then you do not need to buy new copies. If you are buying the music/song/movie, then you can do what ever you want. Which one do they chose?
Given my experience in talking to the Geek Squad, I would not trust the technical qualifications of anyone associated with Best Buy. When I complained to the management in the Sunnyvale store about my friend paying for an unqualified diagnostics of a drive corruption problem, she resented that I said that, "she paid for a diagnostic by someone qualified, not someone who just finished collecting the shopping carts." The employee said she resented it because "I don't collect shopping carts," not that she is unqualified to do a diagnostic.
Slashdot Mirror
I already bought it in 5 years from now.
Last, I would like to emphasize that CAN-SPAM compliant emailers are not a legitimate spam problem. By definition, everything that is sent by CAN-SPAM emailers is solicited, and by law, anyone who doesn't want that email can get off the list. Each message contains instructions on how to remove oneself.
Look at the plain language of unsolicted. CAN-SPAM sets a set of requirements for commercial e-mails which are not transactional messgages or prior affirmative consen -- unsolicited.
You make two incorrect assumptions. One can filter spam, whether or not the spam is CAN-SPAM compliant. One can call e-mail spam, if the e-mail is unsolicited commercial e-mail, whether or not it is CAN-SPAM complient.
Here is a thought, if E360 so legitimate, why do they use Moniker's whois protection service?
Incorrect, removal to federal court does not consent to jurisdiction. See Morris & Co. v. Skandinvia Ins. 279 U.S. 405,409 (1929); Phillips v. Manufacturers Trust Co., 101 F.2d 723,727 (9th Circuit 1939).
My wife does not get e-mail through my service. I provide free service to some non-profit groups. I also provide service to some models, law firms and individuals. Under the law, I am an ISP.
You have to keep in mind that divorce lawyers do have the background of finding assets that a spouse has hidden or transferred to the spouse's lover.
Even so, with this firm, I have not lost a motion, even against competent attorneys.
Or at least part of the point. Once I win, and I will one, they cannot sue anybody for calling them a spammer as they did to group of newsgroup posters.
I am the one who filed suit against E360Insight and Linhardt.
Courts already ruled that spammers can be sued where the spam is received (known as the effects test from Calder v. Jones, 465 U.S. 783, 804 S. Ct. 1482). My successful brief agaainst a porn spammer is here.
Additionally, E360's sister business (http://www.bargaindepot.net) specifically programmed their web site to take orders from California (via drop down lists).
I don't think that any motion by them saying that there is no jurisdiction over them in Califonia, but they have jurisdiction over Spamhaus in the UK will pass either the smell test or the laugh test.
IBM hurt the relationship between SCO and other people by fighting SCO's copyright suit. By fighting the copyright suit, it pissed off many people who decided to move away from SCO lest they may be sued in a few years.
Computers may not have rights so you can install it on the computer.
It is just illegal to make somebody use it, it is Cruel and Unusual Punishment. If the it is in the workplace, it is an illegal work environment.
Interesting. Not having a program for "programs for sex addiction or other psychological illnesses" may cause them for problems.
There has been some rulings (in Mass) that said that disability insurance companies can't discriminate between mental and physical disabilities.
CAN-SPAM nullified state laws on the matter.
Sort of. CAN-SPAM includes explicit language that carves out an exception
to the nullification --- that state laws that prohibit falsity and deception
can still survice.
Despite the 4th circuit opinion, I have a court that ruled that California law (17529.5) is not preempted by CAN-SPAM.
From my read on the anti-spam laws, the company would be an ISP for the employees. Given that, the company can sue the spammers that use deceptive headers and subject lines in their e-mails. Under California law, a recipient or ISP can get $1,000 per illegal e-mail.
When it starts costing spammers more money than they make, they will stop. In my experience, asking spammers to stop nicely does not work. Filing a lawsuit usually is the only way to get them to stop. I have one spammer that still spams after getting 6 figures yanked from their payment processing account. This time, I am asking for 7 figures in punitive damages.
The publishing company will not spend the legal fees for the one page. Now if everyone used a different page, you can view enough houses to read the entire book.
In the early Model 3s, it had a special security feature. If you turned the power off with the diskette in the drive, it would wipe the diskette. It sold very well to bookies, loan-sharks, mafioso.
I'd include Steve Wozniak. He was the one who designed the Apple. The Apple II and The Trash-80 were the real home computers available for the masses. The earlier computers where you had to get them from Heathkit or toggle in your boot loader, didn't quite make it in the home and the business.
Also I would add Jonathan Rotenberg. He founded the Boston computer Society in 1977. The BCS served as a incubator for new products and companies. Many of the large computer companies made presentations and announcements to the BCS. Several companies used groups of people at the BCS as source for focus groups and and source for beta groups (back in the days where they didn't consider customers their alpha testers).
You were fired, you did not quit. Giving two weeks notice is saying, "I am going to quit in two weeks." You can apply for unemployement for the 2 weeks, unless you can start early at the new job.
They can sue, but it is not likely they would win. The new employer may not like it.
It was in Dilbert years ago. Can't remember which characters, but it had one showing the other their speech recognition system, and the other said what would happen if I said "DELETE ALL FILES"?
The geek watching Andromeda. "Fire all missles"
People voted for him.
Living document? Constitution? What are you trying to hide? You must be a terrorist if you are trying to hide behind the constitution.
If you had nothing to hide, you'd have no qualms about us inspecting your computers, listening on your phone calls, and being searched when we feel like it.
What are you trying to hide?
And I forgot, you have to remove the obscene language used in variable names and comments such as "// my %%@!! boss XX must be on drugs if he thinks that I will do this."
You can't just open source software, there is work to do to open source it. First, you have to inspect the licenses of any module/code that you include to make sure that it is open sourceable. You also have to have a build system in place that works with open source. Is it truly open source, if you have to buy Microsoft's Visual Studio to build it?
I finally got the source code for Post Road Mailer (native OS/2 application). Before I can start working on it, I have to build a project file for Visual SlickEdit, then linting (or is it de-lint) it, then port it over to Watcom or Gcc. There may be some legal some issues that prevent me from open sourcing it, but I hope to get it working well enough to start distributing it -- legally, free as in beer.
Given what you say, when I buy a CD with music on it, or a DVD with movies on it, I can:
Open a club and play the music/movies for the audience.
Open a radio/TV station and broadcast the music/movies.
Typically, you are licensed for the music/song/movie -- you only buy the media. If the RIAA wants to take that position, then you do not need to buy new copies. If you are buying the music/song/movie, then you can do what ever you want. Which one do they chose?
Given my experience in talking to the Geek Squad, I would not trust the technical qualifications of anyone associated with Best Buy. When I complained to the management in the Sunnyvale store about my friend paying for an unqualified diagnostics of a drive corruption problem, she resented that I said that, "she paid for a diagnostic by someone qualified, not someone who just finished collecting the shopping carts." The employee said she resented it because "I don't collect shopping carts," not that she is unqualified to do a diagnostic.