On Tuesday 26 March 2002 08:55 am, Jason Kohles wrote: > On Tue, 2002-03-26 at 10:18, Smith, Rick wrote: > > How long do you think it will be until users of SA face the same > > consequences as the now infamous ORBZ case ? > > > > I'm sure that some lawyer out there could find a way to sue someone for > > running this package. > > The problem with ORBZ didn't have anything to do with anti-spam in > general, the problem was that the specific actions it used to determine > if a mail server was an open relay would crash lotus notes mail > servers.
MAPS (Mail Abuse Prevention System) has been sued by several spammers, for defemation/libel and restraint of trade (or something like that); see http://mail-abuse.org/in-the-news.html Also, I believe that AOL was once sued by a spammer, and was forced to stop filtering that spammers emails to AOL users. So theroetically spammers *could* sue SA if they are specifically listed in SA rules. For instance, MonsterHut.com could sue us for defemation and/or restraint of trade, and since, ulike MAPS, we have no legal defence fund, we'd have to take them out. However, spam which matches our general heuristics wouldn't have a legal leg to stand on, since in that case SA is only saying that it *looks* like spam, and we acknowledge that it can lead to false positives. A spammer might still be able to sue an individual ISP to stop them from filtering spam, like happened with AOL. However, if a bunch of spammers co-operated, each of them could file a seperate suit against SA in different jurisdictions, and more spammers could bring up suits when the old ones were thrown out; you can use anyone for anything, even if it ends up getting thrown out of court. If this happened enough, we'd get sued out of existence. -- Visit http://dmoz.org, the world's | Give a man a match, and he'll be warm largest human edited web directory. | for a minute, but set him on fire, and | he'll be warm for the rest of his life. [EMAIL PROTECTED] ICQ: 132152059 | _______________________________________________ Spamassassin-talk mailing list [EMAIL PROTECTED] https://lists.sourceforge.net/lists/listinfo/spamassassin-talk
