On Mon, Feb 09, 2009, Shachar Shemesh wrote about "Re: OFFTOPIC: Re: Hebrew spam: what to do about it?": > Geoffrey S. Mendelson wrote: > > > >Well, I find that hard to believe. You will eventually have to prove > >that you received the SPAM from them. and that you did not alter it in > >any way. >... > In any case, it should be fairly easy to prove. Just call the number and > appear to be an interested customer.
I don't think it is so easy to *prove* who sent you the spam. If you can be assumed not to lie, and that the email you are showing the court is authentic, and advertising the sued company, it still says nothing about who sent the ad. A few years ago, I got to my personal mail a spam from my employer. This really pissed me off, and I went to discuss this with the CEO. It turns out that our company had a bunch of resellers selling our products, and (at least, according to him) one of these resellers decide to be industrious and "advertise" using spam. What do you do in such a case? What do you if the spamvertiser just pretends that this is the case when in fact he was very much aware of what was going on? What do you do if the spamvertiser claims he himself paid somebody for "advertising", but didn't know that other person would spam? What do you do if the spamvertiser claims he has nothing to do with the spam, but rather his competitor sent out this spam to tarnish his reputation and entangle him in lawsuites? Frankly I don't see at all how this would be easy to prove, without any ISPs or law enforcement agencies to be involved. I personally don't think this "civil law" (as opposed to criminal law) approach to spam would work, especially when the sums involved are around 1000 shekels. But I'll be happy to be proved wrong. Has anybody every heard of anyone actually winning a court case like this? -- Nadav Har'El | Monday, Feb 9 2009, 15 Shevat 5769 [email protected] |----------------------------------------- Phone +972-523-790466, ICQ 13349191 |Vote, n.: A person's right to make a fool http://nadav.harel.org.il |of himself and a wreck of his country. _______________________________________________ Linux-il mailing list [email protected] http://mailman.cs.huji.ac.il/mailman/listinfo/linux-il
