Nadav Har'El wrote:
I am running a few mailing lists, and none of them were ever
spammed in this manner. In the last round
(the job4all spammer) I remember that the list admin claimed that the spammer
is not on the list - and I don't know what sort of bug allowed the message
to go through.
Which is even more worrying than if they had subscribed!
If Ely can say with confidence that the spammer did not subscribe, send his email, and then unsubscribed, then we have a very serious problem here.
The spammer should instead just take a random From: address it seesWell, the archives are presumably immune to this problem. Regardless, it is probably not very difficult to guess some of the known subscribers problem.
on the mailing list (after subscribing or just looking at the archives),
The reason I'm not too worried about this one is that it is actionable. The person who's email address was forged can file a complaint. This is both impersonation (illegal, if I'm not mistaken) and libel.
I wholeheartedly OBJECT to this idea.
I'm against EULA's in general, and I think that in this case they might worry potential subscribers (note that no other list that I know of have EULAs like this).
In retrospect, I agree to both points.
That does not apply. If you say that in order to subscribe, you must send an email saying "I agree to EULA", the "software" defense will not help. Even if the spammer had set up software to auto-subscribe, they had to put in this sentence manually.They are also unenforcable - presumably, the spammer would have software that subscribes to the list automatically.
In such a case,If a court says, in a binding precedence, that an EULA is non-enforceable, I think Hamakor's money would be well spent :-)
a human spammer would never see the EULA (or at least they could plausably
claim thus), so how can you enforce it?
Of course, this would require having Hamakor as the other party to the agreement, as we would need a formal body who can sue.
Hamakor is about free software, not about suing spammers. If Hamakor will
ever risk its small funds in a legal battle, I am hoping it would be some
fundamental battle about free software rights, and not a battle against a
spammer. Of course, if you seriously feel that Hamakor should get involved
with this, please send a request to the Hamakor board, or discuss it on the
Hamakor mailing list, instead of here.
If you reread my previous emails, I listed the steps required. They were: 1. Figure out on this list what we WANT to do. 2. Get the board's approval. 3. Other things to do
No one was trying to bypass the board here.
Shachar
-- Shachar Shemesh Lingnu Open Source Consulting ltd. http://www.lingnu.com/
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