Re: [OT] Yahoo's Antispam proposal
Tom Allison wrote:
> Spam RBL's are being attacked on the legal front which puts black lists in
> jepardy. The idea being that businesses have a legal right to solicit
> their customers and a third party cannot block that.
Spammers will never win a case against RBL operators, because the RBLs
themselves do not actually block anything. It is the the individual
organization that decides what RBLs (if any) to use, and therefore it is
the individual organization which sets up the blocking that is preventing
the "legitimate solicitation of business".
Therefore the spammer would have to sue the individual organizations,
because they are the ones who actually setup the blocking.
But the mail servers in question are private property, and the organizations
have the right to refuse access to their server based on whatever criteria
they may choose. So the spammers don't have a case there, either.
This, of course, won't keep the spammers from trying - they do it not to
win, but only to scare/bankrupt an RBL or organization into crumbling. Tort
reform that requires the plaintiff to pay the defendant's legal costs in
frivolous civil cases would fix that problem.
Adam
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