> It is for this reason that I think any cased based on this premise
> will fail. NSI has a plausible defense to the "intent" portions.
> Negligence, even if inaction occurs after being made away of the
> negligence, doesn't rise to the level of "intent to fraud."
Well,
If I dial a wrong number, and tell the guy who picks up the phone that I
have a nice car he should buy, I am not commiting fraud. That is for sure. I
just miss-dialed. I thought I was talking to my cousin.
However, if I dial seventy thousand wrong numbers in a row, there must be
something wrong in my logic. And, if I am a company, I should be fined for
doing the thing above.
What if I take my list of "good funny friends", call them up and say "hey,
f*** ***!"? Nothing. They laugh at my manners.
What if I call NSI 5 times a day and say the same thing - then call the
White House and do them same? Noone can touch me, there is just some error
in my list... well, maybe I correct it by next time I will make calls, but I
just have so many friends, and my list is so long, you know... if the White
House calls me back, I will apologize, I promise.
- Csongor