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The thing I like is..... »
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amenite
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reply to Lex Luthor
Re: Nice

said by Lex Luthor See Profile:

If someone is spamming Norton Systemworks, for example, I can't image it's going to be Symantec that's going to be liable, it's the company reselling Norton Systemworks that's going to be liable.

I'd guess the law must be written that it's not the company being advertised in the spam is liable, it must be the company that is benefiting from the spam.

[text was edited by author 2003-09-24 10:22:39]

The article says plainly:
quote:

The anti-spam legislation targets not only the firms that package and send the unwanted e-mails to consumers, but also the companies whose products and services are being advertised.
This is all I have to go on right now, and it implies Symantec/Norton *would or could* be liable in your example, as their products are being spammed. It would seem unreasonable to do so, but there's not enough information here to evaluate this.
--
Time is an abstract concept invented by carbon based life forms to monitor their constant decay.-Thunderclese

snkeyes3

join:2003-09-23

You're missing one key point:
Most of the spammed products are fraudulant or stolen.

For example: The version of Norton Systemworks being sold via SPAM is a PIRATED COPY!! Symantec has no responsibility in this matter, only the Spammer and the Pirate are liable.


amenite
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said by snkeyes3 See Profile:
You're missing one key point:
Most of the spammed products are fraudulant or stolen.

For example: The version of Norton Systemworks being sold via SPAM is a PIRATED COPY!! Symantec has no responsibility in this matter, only the Spammer and the Pirate are liable.
And that's only one example. The are thousands if not millions of potential scenarios involving perfectly legitimate products passing through normal distribution channels. The issue is not addressed in the article. I'd like to see a draft of the legislation to see exactly what's being proposed here.
--
Time is an abstract concept invented by carbon based life forms to monitor their constant decay.-Thunderclese


CatSnak
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join:2001-05-06
Lakeside, CA


said by amenite See Profile:
said by snkeyes3 See Profile:
You're missing one key point:
Most of the spammed products are fraudulant or stolen.

For example: The version of Norton Systemworks being sold via SPAM is a PIRATED COPY!! Symantec has no responsibility in this matter, only the Spammer and the Pirate are liable.
And that's only one example. The are thousands if not millions of potential scenarios involving perfectly legitimate products passing through normal distribution channels. The issue is not addressed in the article. I'd like to see a draft of the legislation to see exactly what's being proposed here.

Here is a link to the bill as it was introduced:

»info.sen.ca.gov/pub/bill/sen/sb_···ced.html

And here is an analysis of the bill:

»info.sen.ca.gov/pub/bill/sen/sb_···oor.html

And here is the enrolled version:

»info.sen.ca.gov/pub/bill/sen/sb_···led.html

[edit] Corrected links to the right bill.
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[text was edited by author 2003-09-24 14:13:00]

[text was edited by author 2003-09-24 14:32:18]


amenite
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said by CatSnak See Profile:
Here is a link to the bill as it was introduced:

»info.sen.ca.gov/pub/bill/sen/sb_···ced.html

And here is an analysis of the bill:

»info.sen.ca.gov/pub/bill/sen/sb_···oor.html

And here is the enrolled version:

»info.sen.ca.gov/pub/bill/sen/sb_···led.html


The bill looks fairly innocuous, unless you're a spammer!
From the second link, the analysis, I found this section interesting:
quote:

OPPOSITION : (Verified 5/19/03)

American Civil Liberties Union
American Electronics Association
California Alliance for Consumer Protection
Challenger One
Direct Marketing Association
Internet Alliance

So what is "Internet Alliance" anyway? I wonder where their funds originate.
--
Time is an abstract concept invented by carbon based life forms to monitor their constant decay.-Thunderclese
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