Great Circle Associates List-Managers
(July 1997)
 

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Subject: Re: List Being Used to Create Spam List
From: Chuq Von Rospach <chuqui @ plaidworks . com>
Date: Sat, 12 Jul 1997 16:26:57 -0700
To: "Adam H. Kerman" <ahk @ chinet . chinet . com>, list-managers <list-managers @ GreatCircle . COM>
In-reply-to: <Pine . LNX . 3 . 95 . 970712164153 . 7533A-100000 @ chinet . chinet . com>
References: <199707122002 . NAA03838 @ eskimo . com>

At 2:47 PM -0700 7/12/97, Adam H. Kerman wrote:

>>Software makers do this all the time. . . so it can't be as unenforceable as
>>you say.
>
>Intellectual property is different; a list of subscribers doesn't qualify.

I'll disagree. It's my resource. I spent the money and energy to create
the list of subscribers (or the service that creates it). Therefore I
think intellectual property is a perfectly valid argument -- it's my
sweat equity and pocketbook, so I sure better have a say in its use.

(this is a reason why my subscriber lists are just plain old not
available to anyone, anyhow. I run lists where it's not unusual for
there to be people listening in who don't want their presence
advertised, too. Assuring their privacy is important to me as well)

>And, you collect damages how exactly?

Go to small claims court and define a value for the rental of the
mailing list. Tihs is a perfectly acceptable practice, since it has a
viable analogy with magazine subscriptions and other lists that are
regularly rented. And if someone were to grab one of THOSE lists
without paying for it, you can bet the court would have no trouble
defining damages.

>>In the case of commercial advertisements, you could conceivably prove that
>>they made money by breaking a contract...which doesn't look good in court. :)
>
>Regardless, you aren't entitled to this money.

Why not? It's my service that generated the list. If I create a service
that attracts users to it, I should be able to reap the benefit of that
service, or choose who does by licensing those benefits out. That I
choose *not* to reap those benefits doesn't mean they don't exist or
that users can take them without my permission.


--
         Chuq Von Rospach (chuq @
 apple .
 com) Apple IS&T Mail List Gnome
                       <http://www.solutions.apple.com/>

 Plaidworks Consulting (chuqui @
 plaidworks .
 com) <http://www.plaidworks.com/>
   (<http://www.plaidworks.com/hockey/> +-+ The home for Hockey on the net)





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