Great Circle Associates Majordomo-Users
(April 1996)
 

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Subject: Re: Commercial Posts - What To Do?
From: "James B. Byrne" <byrnejb @ harte-lyne . ca>
Organization: Harte & Lyne Limited
Date: Tue, 30 Apr 1996 11:06:22 -0400
To: Dale Chatham <dale @ ross . com>
Cc: Jack Schnapper <jjflash @ pobox . com>, Mike Buening <mbuening @ argon . helios . nd . edu>, majordomo-users @ GreatCircle . COM
References: <2.2.32.19960430115913.006b194c@access.digex.net> <31861D56.DF8@ross.com>

Dale Chatham wrote:

> Have all your list members individually send mail to abuse@aol.com.  Be sure
> to quote the entire offending e-mail.  In particular, have your aol members
> threaten to pull their accounts.
> ......
> One might also send a bill for the additional load on your machine.  The
> theory is that they, as the operators of the system, are responsible for
> taking reasonable steps to see that their users do not impinge on the rights
> of others.  They should not necessarily know that these users are abusing
> the net, but once told, they cannot possibly claim not to know.
> 
> One might also cc the above mail to postmaster and the offending account,
> thereby creating three pieces of large e-mail, two of which are going to
> anger aol representatives in much the same way it angered you.

I would counsel against this sort of behavior.  It is contra-productive and punishes 
people for simply being associated with a miscreant.  One might as well say that you 
should tow away all the cars on the block where a vandal lives. 

The postmasters of all reputable providers are extremely harsh on this sort of behavior 
by their clients in any case.  Mail bombing them will accomplish nothing further in 
this regard but to relieve your anger and increase their frustration. The people who 
conduct themselves in this fashion take steps to conceal their identities and to insure 
that whatever retribution that they provoke falls on the heads of innocents.

What you need to do is to send KK a bill for your time and effort related to fixing the 
problems that he has caused you.  You can also charge him for each and every e-mail 
address that he misappropriated from your subscription list.  Our standard fee for this 
is $1000.00 per broadcast plus $45.00 per e-mail address.  This is stated on the 
subscription confirmation that each list memeber gets and all of our lists are closed to 
subscribers.  By doing this you set up a case for a tort claim. We also filter our lists 
so that large posts (>4000 characters) are re-directed to list administrators before 
going out.

KK will ignore these bills, of course.  However if you continually do it eventually the 
sum will be large enough to warrent the interest of a collection agency should you 
choose to turn it over to them.  I can't guarentee success, since there are all sorts of 
things that he can try to show that you cannot prove it was him. It just might work 
thoiugh, particularily if we all pooled our bills to the same collection agency.  At the 
very least it would cause him some grief.



-- 
James B. Byrne			mailto:byrnejb@harte-lyne.ca
Harte & Lyne Limited		http://www.harte-lyne.ca
Hamilton, Ontario		905-561-1241


References:
Indexed By Date Previous: Re: Commercial Posts - What To Do?
From: Dale Chatham <dale@ross.com>
Next: Re: Commercial Posts - What To Do?
From: Kynn Bartlett <kynn@idyllmtn.com>
Indexed By Thread Previous: Re: Commercial Posts - What To Do?
From: Dale Chatham <dale@ross.com>
Next: Re: Commercial Posts - What To Do?
From: Dale Chatham <dale@ross.com>

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