Would that be such a bad thing? If the ISPs that support spammers are held responsible for spamming?
Should one not be responsible for refusing to take basic security that causes harm? If leave your car and keys at a pay parking lot with an attendant, but the attendant leave the keys in the car and not watches it or take any security measure, is not the lot responsible? Or the bartender loans his SUV to the guy who he just gave 8 shots of wiskey to?
I'm not saying that the spammer is not responsible, but saying that the person who invites the spammer to use their system to spam is also responsible.
Mattel had tried to kill http://www.sorehands.com/mattel. When the judge asked Mattel's lawyer what was libelous, Mattel's lawyer asked that their libel claim be dismissed. This was after having to file a 5 inche stack of legal briefs with the court.
Since their libel claim was that they were libeled because I said that they violated the FMLA, ADA, MGL c.151B (the Mass. version of the ADA), I was able to bring this under those laws. Those laws specifically allow for punitive damages, where simple abuse of process does not.
We may be able to get the list of emails that this was sent to. Then determine if they illegally copied it off of websites, violating terms of use and copyright. Hit the spammer with some lawsuits too.
Just guessing, but the list may be available under some open election laws.
The problem that some employers have with new grads is not just the lack of experience. It is also the lack of experience on large projects. Writing and maintaining a 2k-3k utility, even at a job, is very easy as compared to dealing with a small portion of a 250,000 line program.
Tresspass to chattel has been uphelp in Intel v. Hamibi.
Scraping has been uphelp under the Computer Fraud and Tresspass act.
SPAMMERS that get email off of websites, are breaching copyright and terms of use (or at least on my site) on a website with a carefully crafted terms of use.
Companies can generate goodwill by releasing their own abandonware into the public. Almost two years ago, InnoVal Systems Solutions made an announcement that they are dropping support for Post Road Mailer for OS/2 and J-Street Mailer for Java. A group of people, unrelated to Innoval, took on a task of making improvements to J-Street mailer. With the blessing of Innoval, J-Street mailer is now Polarbar Mailer
The abandonware issue is a good argument to support the shortening of copyrights for software.
Instead of copyrights for 50,75, or number of years since Mickey Mouse + 10, we change copyrights back to 25 years, renewable. On software, we make the copyright 10 years renewable. But, make a new version (currently a derivitive work) legally it's own work so that the entire package, not what changed from the earlier version starts the clock anew.
Or another way is until the company stops supporting that product and providing free bugfixes. IBM has end of service dates announced for their software, so that once that data passes, you are on your own. That plus 1 year might be a good copyright expirition date. Or at least so that you can make copies to give away (for cost of media), not to allow one to start selling Windows 95 as a profit making enterprise.
How many people out there are running Windows 3.1 or DOS 3.3?
Me giving email or chat logs, that I was a particpant in to the police.
The police trapping the data between any of the computers.
They all map into the the real world. #1 Reading email from a server, would require some sort of search warrant. #2 The email question would be the same as if I wrote you a note. #3 has already been considered a wiretap.
The dispute in this case is in the chat logs. Where it is known that it can be logged, would be akin to having signs that say, "Your conversation may be recorded.".
The change in the law does not say, "add 20 years every 20 years." It says, "today we make it 70 years." Now in 10 years, they can say "today we make it 99 years." We have to deal with precise meanings, and actions taken, not actions that may be taken in the future.
I have seen many reports of Network solutions improperly deleting domain names. Then when someone else grabs it, Network solutions says, "Sorry, here is your registration fee back."
How will they correct this? Will they have an incentive to accidently lose registrations?
If you had an open relay that was used by spammers, go after a few of them in court. Go after the people who sell the SPAM software that uses the open relays.
Bankrupt a few spammers, show others it is not cheap to spam. Maybe get some charged criminally.
Hell, it is usually at least a half hour on the phone to get through to a human (or at least beyond menus and hold). Then they direct you online for support, especially if you can't connect.
Their support and service is bad. They had a DHCP server fail, it took them 5 days to get it up and runnning. Having to register the MAC address of the NICs is a pain and not needed.
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Should one not be responsible for refusing to take basic security that causes harm? If leave your car and keys at a pay parking lot with an attendant, but the attendant leave the keys in the car and not watches it or take any security measure, is not the lot responsible? Or the bartender loans his SUV to the guy who he just gave 8 shots of wiskey to?
I'm not saying that the spammer is not responsible, but saying that the person who invites the spammer to use their system to spam is also responsible.
That means that he would have to be paying out large amounts of money to anyone who is a victim of spam through his server.
It is interesting to know that a while back, Verio was scraping the register.com database to spam people who had registered with register.com
Besides that, what about speed? We are not always on a T-1, sometimes on the road we are stuck at 53kb.
Since their libel claim was that they were libeled because I said that they violated the FMLA, ADA, MGL c.151B (the Mass. version of the ADA), I was able to bring this under those laws. Those laws specifically allow for punitive damages, where simple abuse of process does not.
Just guessing, but the list may be available under some open election laws.
If your computer has a fax modem attached, a printer attached, and fax software, then it is a fax machine for the purpose of the federal definition.
What you should do:
Lets make an example of this SPAM scum.
This is not legal advice until I go to law school, graduate law school, pass the bar, and confirmed that your retainer check cleared.
I suspect that if they go through proper channels, or have their ADA contact the NJ. ADA they could get it.
Geek wins against Mattel, Mattel retaliates!
As an officer of the court aren't the lawyers supposed to try to tell the truth?
How can users know about holes, where a company charges for tech support calls? Then if there is a hole, the user must pay for the upgrade.
The problem that some employers have with new grads is not just the lack of experience. It is also the lack of experience on large projects. Writing and maintaining a 2k-3k utility, even at a job, is very easy as compared to dealing with a small portion of a 250,000 line program.
The article and site talks about opt in lists, not SPAM and then give a opt-out link to verify the address as SUCKER.
But as a defense, you could argue that publishing these threats with analysis are of public importance.
Scraping has been uphelp under the Computer Fraud and Tresspass act.
SPAMMERS that get email off of websites, are breaching copyright and terms of use (or at least on my site) on a website with a carefully crafted terms of use.
ALL SPAMMERS SHOULD BE PUBLICALLY FLOGGED
Instead of copyrights for 50,75, or number of years since Mickey Mouse + 10, we change copyrights back to 25 years, renewable. On software, we make the copyright 10 years renewable. But, make a new version (currently a derivitive work) legally it's own work so that the entire package, not what changed from the earlier version starts the clock anew.
Or another way is until the company stops supporting that product and providing free bugfixes. IBM has end of service dates announced for their software, so that once that data passes, you are on your own. That plus 1 year might be a good copyright expirition date. Or at least so that you can make copies to give away (for cost of media), not to allow one to start selling Windows 95 as a profit making enterprise.
How many people out there are running Windows 3.1 or DOS 3.3?
I am suprised that the blank media 'tax' already paid for the music being copied on Napster argument has not been raised.
They all map into the the real world. #1 Reading email from a server, would require some sort of search warrant. #2 The email question would be the same as if I wrote you a note. #3 has already been considered a wiretap.
The dispute in this case is in the chat logs. Where it is known that it can be logged, would be akin to having signs that say, "Your conversation may be recorded.".
The change in the law does not say, "add 20 years every 20 years." It says, "today we make it 70 years." Now in 10 years, they can say "today we make it 99 years." We have to deal with precise meanings, and actions taken, not actions that may be taken in the future.
Though I think 50 years is suffficent for an author to have exclusive control, congress has been paid differently.
I don't think so. The major argument is if the change can be retroactive to works already produced.
How will they correct this? Will they have an incentive to accidently lose registrations?
Bankrupt a few spammers, show others it is not cheap to spam. Maybe get some charged criminally.
All spammers should be tortured, then executed.
Their support and service is bad. They had a DHCP server fail, it took them 5 days to get it up and runnning. Having to register the MAC address of the NICs is a pain and not needed.