Hey, if anyone sues, I'll just say it's Justin's fault, and they can try
and track him down wherever he is in Asia...

C

On Tue, 2002-03-26 at 13:31, Matthew Cline wrote:
> 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.
> 
> -- 
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