On Friday, May 2, 2003, at 06:49 PM, Chuq Von Rospach wrote:
> On Friday, May 2, 2003, at 05:48 PM, Michael C.Berch wrote:
>> On Thursday, May 1, 2003, at 10:24 AM, Anne P. Mitchell, Esq. wrote:
>>> So my question is: if we came into possession of evidence of
>>> someone selling the usernames/addresses of another mailing list
>>> (_your_ mailing list) would you, as a list manager, be interested in
>>> pursuing legal action against the list broker?
>>
>> My first question is, what is the legal theory and cause of action?
>
> It's all on their web site. Maybe you should research habeas before
> answering this? (Sorry if you did, but I can't see you asking that
> question if you had).
Huh? I am very familiar with Habeas' business model and legal theory
regarding "sender-warranted email"(tm?) and the embedded haiku and all
that. But what does that have to do with the completely unrelated
issue of the buying and selling of mailing list data? The haiku
copyright and any user agreements/licenses (which allow you to produce
compliant messages which will theoretically not be marked as spam) are
not involved there.
I asked for a legal theory that would permit someone to collect damages
for obtaining and selling a mailing list. Completely different issues
here.
--
Michael C. Berch
mcb@postmodern.com / mcb@greatcircle.com
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