Ok... My 2 cents worth... I think orbz is on more shakey ground by attempting to use other peoples mail servers to relay mail than anything else. We do/did use the orbz test on our filter. BUT I never gave them permission to use my mail server to send mail to themselves or anybody else for that matter. Their testing, I would think, could be considered an illegal use of my mail server. Just as I would consider a spammers attemt to use my mail server to relay spam an illegal use of my mail server.
Granted, they only send about a dozen "spam" tests each time they test the server (I have my server forward all these to me so I can monitor it) but they are engaging in the same sort of activity they are trying to prevent, just to a lesser degree. In this line of thought, how are they any less culpable than a hacker who exploits a known weakness in an unpatched system either by intent or by accident? Sure, They should have patched the problem, but orbz knowingly sent email to them that they knew would damage performance on an unpatched server. Their statement on the orbz site was that it was the sysadmins problem if it happened even if it damaged the system they were sending. If I have a window that is cracked and in need of repair, and I know it but either haven't gotten around to fixing it or don't want to fix it, and you intentionally throw a snowball at that window and break it, knowing before you threw that snowball that it would break a cracked window.... You would be liable for civil and criminal charges. If you didn't know it could break, it would be hard to press criminal charges but you could still be held for civil charges. (sorry best analogy I could come up with at the moment) Please visit http://www.ipswitch.com/support/mailing-lists.html to be removed from this list. An Archive of this list is available at: http://www.mail-archive.com/imail_forum%40list.ipswitch.com/ Please visit the Knowledge Base for answers to frequently asked questions: http://www.ipswitch.com/support/IMail/
