On Tue, Mar 26, 2002 at 01:31:28PM -0800, 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.

In the US you can sue for any idiotic thing you want to.

| > 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.

That was the official statement.  That's how they called it an
"attack" -- it was an intentional, unnatural/unusual, action taken
that destroyed the system.  Running broken software (not only Lotus
Domino, but MS Windows as well) isn't grounds for suing someone else,
IMNSHO.

| 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.

SA isn't in control of how people use it (nor is Craig or Charlie or
Justin).  If an ISP decided to discard my mail because SA flagged it,
then perhaps I (or the sender) could have grounds for suing.  More
appropriately I (or the sender) would just have a nice talk with the
sysadmin and work out a solution.  If the ISP merely adds the
X-Spam-Status header (either as an opt-in or opt-out service), then
they haven't done any harm.  It is still up to the recipient to decide
whether or not they want to read it.

Can a company sue someone for asking his secretary to automatically
discard all unsolicited (snail-)mail?  Using SA is the same way,
except that it is a computer instead of a person making the decision.

| 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.

Even then SA wouldn't disappear.  I've still got a copy running in my
machine :-).  They can't take that away from me.


Still, I think the idea of keeping a backup of the server in a
different locality (jurisdiction) is a reasonable precaution.  Come
on, you've read (some) of the ridiculous stuff in the papers and the
news, haven't you?

-D

-- 

Thy Word is a lamp unto my feet
and a light unto my path.
        Psalms 119:105


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