Not to mention that the minute a spammer has the cojones to appear in court to sue anyone for blocking their spam, you can just slap them with a counter-suit for illegally using your computing resources. IF you read through the DMCA I bet you can even find ways of getting them sent to jail for 20-life too. Be creative!
C On Tue, 2002-03-26 at 16:45, Michael Geier wrote: > I believe that many people are looking at this in the wrong way...perhaps an > analogy would help: > We all sue Microsoft because of the Melissa virus, because > the virus was propagated through holes in their software. > > Anyone want to guess whether or not this would fly? > ISP's, or server administrators, choose to use a software package. The intent > of the software is not the issue. Ted Kazinsky could have written his letter > bombs in Word, does that make the software liable? > > SpamAssassin, and its creator(s), in and of themselves do not create intent. > And, as at least one person has stated somewhere in this discussion, it is the > administrators (mail server or ISP) that CHOOSE to use the software. As a > user, I can choose to include the MONSTERHUT rule or not. Therefore, if I do > include it, it is my choice and not the software's responsibility. > > Any lawsuits arising from the use of SpamAssassin would have to attack the > responsibile parties (ie. admins). Care to guess whether or not spammers will > have enough money to go after us all? Should they win and I can no longer use > SpamAssaassin, there are a number of other products that can be implemented, or > I could just roll my own (heavily influenced by SA rules and procedures). > -- > Michael Geier > CDM Sports, Inc. - Systems Administrator > email: [EMAIL PROTECTED] > phone: 314.991.1511 x 6505 > pager: 314.318.9414 || [EMAIL PROTECTED] > > > Quoting Craig Hughes <[EMAIL PROTECTED]>: > > > 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. > > > > > > -- > > > 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 > > > > > > > > > > > > _______________________________________________ > > Spamassassin-talk mailing list > > [EMAIL PROTECTED] > > https://lists.sourceforge.net/lists/listinfo/spamassassin-talk > > > > > > > ------------------------------------------------- > This mail sent through CDM Sports Webmail. > > _______________________________________________ Spamassassin-talk mailing list [EMAIL PROTECTED] https://lists.sourceforge.net/lists/listinfo/spamassassin-talk
