Re: SORBS Contact

["D'Arcy J.M. Cain" <darcy () druid net>]

On Sun, 13 Aug 2006 21:11:58 -0700
"David Schwartz" <davids () webmaster com> wrote:

> > Obligation to _whom_?   My only obligations are to those who _pay_ me for
> > access to my systems/resources.  If the people who *do* pay me for use of
> > my systems/resources "don't want" that cr*p, then I do 'have an
> > obligation'
> > to _not_ deliver that traffic.
>
>       Nonsense. You have tort obligations as well as contractual obligations.
> Specifically, if you take custody of someone else's data, and you have no
> contract with that person, you have a tort obligation not to destroy it.

You do realize that when we talk about "sending" data we are using
language in a very loose way, right?  Data isn't actually sent.  When I
"send" a packet of data, I still retain that data.  If you lose it you
have only lost your copy of it, not mine.

Are you one of those people that makes an extra photcopy when you have
to fax one to someone?

>       Your argument is similar to a mall that claims they can shoot people who

It is illegal to shoot people whether they enter your mall or not.

>       The same would be the case if I used FedEx to return something of yours to
> you. If they destroyed your property, you would have a claim against them
> even though you didn't pay them for anything.

IANAL but I am pretty sure that my claim would be against you, not
FedEx.  You would have to counter claim against FedEx because you made
the contract with them.

-- 
D'Arcy J.M. Cain <darcy () druid net>         |  Democracy is three wolves
http://www.druid.net/darcy/                |  and a sheep voting on
+1 416 425 1212     (DoD#0082)    (eNTP)   |  what's for dinner.