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Re: luser of the day award!

  • From: Ehud Gavron
  • Date: Wed Nov 18 14:13:01 1998

>Anyone else get mail from this idiot?

Not so far.  He's welcome to THREATEN us.  I'm wondering whether
ANYONE has ever filed a LAWSUIT with regards to the RBL.

Ehud "has anyone seen my CAPS LOCK KEY" Gavron


>Alan Bechtold ([email protected]) @ 11/18/1998 12:48 - Original Problem Detail:


>Dear sir or madam --
>=20
>It has come to my attention that your company utilizes the MAPS =
>BLACKHOLE list to block purported SPAMMERS from sending E-mail to your =
>system. While the idea might sound good I am writing to inform you that =
>you will be named in a Federal Lawsuit if you do not CEASE AND DESIST =
>use of this list IMMEDIATELY.
>=20
>Here is why:
>=20
>My company, BBS PRESS SERVICE, INC., designs and hosts Web sites. That's =
>all we do. We don't sell access to the Internet. We don't sell E-mail =
>accounts. Besides some E-mail accounts for our employees to use when =
>contacting our customers, and one E-mail account we use to send out a =
>weekly newsletter to our customers, we don't generally handle any E-mail =
>at all.
>=20
>I am anti-SPAM. I advise all of my 5,000+ clients against the use of =
>SPAM. Still, two have used it to promote sites we host for them.
>=20
>Naturally, this resulted in our receiving the usual barrage of E-mails =
>DEMANDING that we remove the Web sites of the offending parties. Our =
>attorneys have advised us that it is NOT in our best interest to do so. =
>Removing the Web site of anyone for something they did OUTSIDE of our =
>system, even if it was indeed PROMOTING a site hosted on our system, =
>would in fact expose my company to possible lawsuit from the SPAMMER!
>=20
>I understand many Web site design and hosting services stipulate in =
>their contracts that they reserve the right to pull any site if evidence =
>of SPAMMING is seen -- but my attorneys have also advised me that this =
>is completely unenforceable in court and wouldn't stand up to a court =
>challenge.
>=20
>I don't know about you but I am totally opposed to being REQUIRED to =
>take action against anyone for anything they've done outside of my =
>control. Do we also want to become liable for pulling Web sites held by =
>anyone who is convicted of a crime...any crime? Wouldn't this lead to =
>the requirement of background checks, to make sure a Web site customer =
>has never indeed beenconvicted of a crime?
>=20
>The ramifications are tremendous.
>=20
>Anyway -- I write to anyone complaining about SPAM from a client of mine =
>(and they do track down the Web site host even if we didn't originate =
>the SPAM) and inform them of my position.
>=20
>One person apparently forwarded my reply to MAPS. Even though my reply =
>states CLEARLY that I am OPPOSED to SPAM, the kind folks at MAPS decided =
>to add my company's IP to the list anyway. The problem is -- they won't =
>TALK about resolving the problem. Their "volunteer" hung up on me when I =
>called, after first being outright surly and rude with me. I tried =
>E-mailing Paul Vix to tell him to remove my company's IP from his list =
>but -- guess what -- my E-mail got REJECTED by his system because he =
>uses the list! I finally got a message through by going through another =
>provider. Meanwhile Paul Vix has not returned my urgent calls and hasn't =
>been available on the phone when I do call.
>=20
>This is causing my company irreparable harm. MAPS' whole attitude and =
>the way they create their so-called LIST is, because of my case alone, =
>entirely questionable. And he has left me little choice but to file suit =
>against Paul, MAPS and anyone associated with the LIST or using it in =
>their products or on their services.
>=20
>This is where you come in. I am writing to tell you right now -- cease =
>and desist from using the MAPS BLACKHOLE list on your service =
>IMMEDIATELY. I will be including anyone and everyone still using the =
>MAPS list in my lawsuit against MAPS. Period.
>=20
>You might also want to contact Paul Vixie and let him know the legal =
>jeopardy his methods have placed you in. By comparison, the SPAMMERS are =
>starting to look like the "good guys." I know they're not and you know =
>they're not but MAPS must end here and now.
>=20
>I would appreciate your comments and cooperation.
>=20

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