Hi Michael! Been a long time - fancy meeting you here!
> On Thursday, May 1, 2003, at 10:24 AM, Anne P. Mitchell, Esq. wrote:
> > So my question is: if we came into possession of evidence of >
> someone selling the usernames/addresses of another mailing list >
> (_your_ mailing list) would you, as a list manager, be interested in >
> pursuing legal action against the list broker?
> My first question is, what is the legal theory and cause of action?
It will of course depend a great deal on the facts of each instance.
Anything ranging from copyright and/or trademark infringement to
the Fed. Comp&Fraud Act, and, if there is a European connection,
the EU privacy act. In addition, if the list is maintained by an ISP or
by the domain on which it resides (as several here do, at least
based on what I'm seeing in private respones to me), there may
also be conversion, and additional infringement and C&F Act causes.
Obviously it's impossible to make a blanket statement about this
when every single set of facts will be unique, but the cases we are
looking at right now happily look like they will involve most of the
above, as there are potentially ISP plaintiffs as well.
Anne P. Mitchell, Esq.