Great Circle Associates List-Managers
(March 2003)
 

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Subject: Re: I got one of these on my list...anyone else?
From: Paul Hoffman / IMC <phoffman @ imc . org>
Date: Mon, 31 Mar 2003 13:13:04 -0800
To: Chuq Von Rospach <chuqui @ plaidworks . com>,"Amy Stinson" <e-list @ amys-answers . com>
Cc: list-managers @ greatcircle . com
In-reply-to: <FB8B2E74-63B3-11D7-B6A4-0003934516A8@plaidworks.com>
References: <FB8B2E74-63B3-11D7-B6A4-0003934516A8@plaidworks.com>

At 12:04 PM -0800 3/31/03, Chuq Von Rospach wrote:
>virus?

Possibly, but possibly not. Assume that someone installs a piece of 
freeware and uses it for a while. On a certain day, that software 
reads his address book and sends out an advertisement like the one 
Amy sent. The user goes back and sees that, yes, in the middle of the 
EULA there is a paragraph that very explicitly says the software can 
do this if the user is using the software.

Not a virus. Definitely spam, and the spammer is the poor user who 
"chose" to become a spammer in exchange for getting the high value of 
using the software.

Thought experiment: if there is an enforceable anti-spam law in 
effect at the time, would the software vendor have a strong argument 
that the end users, not the vendor, were the spammers because the 
users agreed to the contract?

I predict that some variant of the above will happen, and it will be messy.

--Paul Hoffman, Director
--Internet Mail Consortium


References:
Indexed By Date Previous: Re: I got one of these on my list...anyone else?
From: Chuq Von Rospach <chuqui@plaidworks.com>
Next: Re: I got one of these on my list...anyone else?
From: Greg Woods <woods@ucar.edu>
Indexed By Thread Previous: Re: I got one of these on my list...anyone else?
From: Chuq Von Rospach <chuqui@plaidworks.com>
Next: Re: I got one of these on my list...anyone else?
From: Greg Woods <woods@ucar.edu>

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