Great Circle Associates List-Managers
(May 2003)
 

Indexed By Date: [Previous] [Next] Indexed By Thread: [Previous] [Next]

Subject: Re: "If we came into posession of evidence..."
From: "Anne P. Mitchell, Esq." <amitchell @ habeas . com>
Organization: Habeas - the email you want
Date: Sat, 3 May 2003 10:15:34 -0700
To: List Managers List <list-managers @ greatcircle . com>
In-reply-to: <01233892-7D01-11D7-B2BA-003065F94B0A @ postmodern . com>
References: <3EB0F5F6 . 7591 . D2F0B2B @ localhost>

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


Anne P. Mitchell, Esq.
CEO
Habeas, Inc.


References:
Indexed By Date Previous: Re: "If we came into posession of evidence..."
From: Michael C.Berch <mcb @ postmodern . com>
Next: OUCH!!
From: "Brian Zaleski" <ZaleskiDC @ calchiro . com>
Indexed By Thread Previous: Re: "If we came into posession of evidence..."
From: Michael C.Berch <mcb @ postmodern . com>
Next: Re: So I got this 411 spam this morning...
From: Tom Neff <tneff @ grassyhill . net>

Google
 
Search Internet Search www.greatcircle.com