Yehuda Tzadik wrote:
No. Hamakor will be able to sue. The agreement is with Hamakor, and they are the ones hurt by its breach.Will Hamakor sue on behalf
of everyone on the list who
got the spam ?
or anyone on the list will be
able to sue a spammer ?
No.
Ok, I just talked to Haim Ravia, Hamakor's lawyer. Such an agreement IS possible, and should be enforceable. He asked for bullets detailing the points that need to be there. Our task list:Best regards Yehuda Zadik 530938-054 [EMAIL PROTECTED]
1. Agree on the bullets that need to be there.
2. Get the entire scheme approved by Hamakor's board.
3. Get Haim to draft as a legal agreement.
4. Put in technical measures ensuring that subscription to the list is not possible without accepting the EULA.
Dilemmas:
1. What about existing users? I think - let them continue to use the list without accepting a license. We have, at most, one registered spammer to the list. That means just one more spam without agreement violation. I think we can live with that.
2. Won't that deter new subscribers? I asked Haim whether we can keep this EULA short, and he said he believes we can. I'm hoping that something short and clear enough will not deter new subscribers.
Points the EULA should convey:
1. We can terminate for whatever reason, with no prior notice.
Otherwise someone can find a loophole, and we're in trouble.
2. Subscriber accepts that sending spam to the list means he agrees to pay a sum of 10,000 shekels + collection expenses per violation.
That's the main point here.
3. Subscriber grant permission to any third party to disclose to Hamakor subscriber's true identity in case of violation of 2.
So that we can ask ISPs, colo providers, etc. who that subscriber is.
4. Make it clear that sending job offers or job requests (?) in areas relevant to the list's topic is not a violation of 2, so long as they are sent in plain text mail, in English, and contain either "job offer" or "[JO]" in the subject line.
The subject of job offers was discussed several times in the past. The ultimate agreement was that job offers are legitimate. What about job requests, though? Are they legitimate?
Let the comments roll in.
-- Shachar Shemesh Lingnu Open Source Consulting ltd. http://www.lingnu.com/
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