[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Re: fuck copyright (Re: Advertising Creepiness) (fwd)
Hi Mr. or Ms. [email protected],
I'd like to advise you of abuse of your system and the resultant spam that I
am receiving as a result.
I've checked my subscription list and it contains NO xroads.com subscribers
at all. You are apparently having legitimite, non-commercial traffic
forwarded to your site in order to cause excessive work and potential denial
of services (to your customers).
Please police your own house before you go around threatening $500 leins and
prosecution on others.
Have a nice day.
____________________________________________________________________
Lawyers ask the wrong questions when they don't want
the right answers.
Scully (X-Files)
The Armadillo Group ,::////;::-. James Choate
Austin, Tx /:'///// ``::>/|/ [email protected]
www.ssz.com .', |||| `/( e\ 512-451-7087
-====~~mm-'`-```-mm --'-
--------------------------------------------------------------------
Forwarded message:
> From [email protected] Tue Nov 10 07:52:20 1998
> Date: Tue, 10 Nov 1998 06:52:46 -0700 (MST)
> Message-Id: <[email protected]>
> To: [email protected]
> Subject: Re: fuck copyright (Re: Advertising Creepiness) (fwd)
> References: <[email protected]>
> In-Reply-To: <[email protected]>
> From: [email protected]
> X-Loop: [email protected]
>
> >Forwarded message:
>
> >> Date: Tue, 10 Nov 1998 13:24:23 +0000
> >> From: "Frank O'Dwyer" <[email protected]>
> >> Subject: Re: fuck copyright (Re: Advertising Creepiness) (fwd)
>
> >> Jim Choate wrote:
> >> > > You can make money from information provision by charging extra for
> >> > > up-to-date news, or by charging so little that the cost from the
> >> > > original provider is so low that it's not worth anyones time to
> >> > > redistribute it,
> >> >
> >> > That's true now, why don't we see these effects...
> >>
> >> We do. News inherently has a 'sell-by' date. The most obvious example is
> >> stock quotes where delayed quotes are provided for free whereas
> >> real-time quotes are heavily charged for. The recipients of such
> >> information care very much about latency, since it's possible to trade
> >> on any differences that may exist. There's even some research on attacks
> >> that simply delay packets in such networks.
>
> >Ah, true but I was addressing the last sentence about the cost being so low
> >nobody will charge for it.....sounds like the nuclear industry marketing
> >speal of the 50's....
>
> >Sorry for the confusion, I guess I should have edited the first part out
> >since it wasn't relevant.
>
>
> > ____________________________________________________________________
> >
> > Lawyers ask the wrong questions when they don't want
> > the right answers.
>
> > Scully (X-Files)
>
> > The Armadillo Group ,::////;::-. James Choate
> > Austin, Tx /:'///// ``::>/|/ [email protected]
> > www.ssz.com .', |||| `/( e\ 512-451-7087
> > -====~~mm-'`-```-mm --'-
> > --------------------------------------------------------------------
>
> This is apparently at least the second unsolicited commercial email from your
> address. If you feel you have received this email in error, please contact
> [email protected]
>
> Senders of unsolicited commercial email will be charged $500 for each instance
> of unsolicited commerical email on Crossroads network systems, and are
> subject to prosecution under the following Federal statute, and other
> applicable federal and local laws.
>
>
> * UNITED STATES CODE
>
> + TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
>
> o CHAPTER 5 - WIRE OR RADIO COMMUNICATION
>
> # SUBCHAPTER II - COMMON CARRIERS
>
>
> _________________________________________________________________
>
> � 227. Restrictions on use of telephone equipment
> * (a) Definitions
>
> As used in this section -
> + (1) The term ''automatic telephone dialing system'' means
> equipment which has the capacity -
> o (A) to store or produce telephone numbers to be called,
> using a random or sequential number generator; and
> o (B) to dial such numbers.
> + (2) The term ''telephone facsimile machine'' means equipment
> which has the capacity (A) to transcribe text or images, or
> both, from paper into an electronic signal and to transmit
> that signal over a regular telephone line, or (B) to
> transcribe text or images (or both) from an electronic signal
> received over a regular telephone line onto paper.
> + (3) The term ''telephone solicitation'' means the initiation
> of a telephone call or message for the purpose of encouraging
> the purchase or rental of, or investment in, property, goods,
> or services, which is transmitted to any person, but such
> term does not include a call or message (A) to any person
> with that person's prior express invitation or permission,
> (B) to any person with whom the caller has an established
> business relationship, or (C) by a tax exempt nonprofit
> organization.
> + (4) The term ''unsolicited advertisement'' means any material
> advertising the commercial availability or quality of any
> property, goods, or services which is transmitted to any
> person without that person's prior express invitation or
> permission.
> * (b) Restrictions on use of automated telephone equipment
> + (1) Prohibitions
>
> It shall be unlawful for any person within the United States
> -
> o (A) to make any call (other than a call made for
> emergency purposes or made with the prior express
> consent of the called party) using any automatic
> telephone dialing system or an artificial or prerecorded
> voice -
> # (i) to any emergency telephone line (including any
> ''911'' line and any emergency line of a hospital,
> medical physician or service office, health care
> facility, poison control center, or fire protection
> or law enforcement agency);
> # (ii) to the telephone line of any guest room or
> patient room of a hospital, health care facility,
> elderly home, or similar establishment; or
> # (iii) to any telephone number assigned to a paging
> service, cellular telephone service, specialized
> mobile radio service, or other radio common carrier
> service, or any service for which the called party
> is charged for the call;
> o (B) to initiate any telephone call to any residential
> telephone line using an artificial or prerecorded voice
> to deliver a message without the prior express consent
> of the called party, unless the call is initiated for
> emergency purposes or is exempted by rule or order by
> the Commission under paragraph (2)(B);
> o (C) to use any telephone facsimile machine, computer, or
> other device to send an unsolicited advertisement to a
> telephone facsimile machine; or
> o (D) to use an automatic telephone dialing system in such
> a way that two or more telephone lines of a multi-line
> business are engaged simultaneously.
> + (2) Regulations; exemptions and other provisions
>
> The Commission shall prescribe regulations to implement the
> requirements of this subsection. In implementing the
> requirements of this subsection, the Commission -
> o (A) shall consider prescribing regulations to allow
> businesses to avoid receiving calls made using an
> artificial or prerecorded voice to which they have not
> given their prior express consent;
> o (B) may, by rule or order, exempt from the requirements
> of paragraph (1)(B) of this subsection, subject to such
> conditions as the Commission may prescribe -
> # (i) calls that are not made for a commercial
> purpose; and
> # (ii) such classes or categories of calls made for
> commercial purposes as the Commission determines -
> @ (I) will not adversely affect the privacy
> rights that this section is intended to
> protect; and
> @ (II) do not include the transmission of any
> unsolicited advertisement; and
> o (C) may, by rule or order, exempt from the requirements
> of paragraphs (FOOTNOTE 1) (1)(A)(iii) of this
> subsection calls to a telephone number assigned to a
> cellular telephone service that are not charged to the
> called party, subject to such conditions as the
> Commission may prescribe as necessary in the interest of
> the privacy rights this section is intended to protect.
> (FOOTNOTE 1) So in original. Probably should be
> ''paragraph''.
> + (3) Private right of action
>
> A person or entity may, if otherwise permitted by the laws or
> rules of court of a State, bring in an appropriate court of
> that State -
> o (A) an action based on a violation of this subsection or
> the regulations prescribed under this subsection to
> enjoin such violation,
> o (B) an action to recover for actual monetary loss from
> such a violation, or to receive $500 in damages for each
> such violation, whichever is greater, or
> o (C) both such actions. If the court finds that the
> defendant willfully or knowingly violated this
> subsection or the regulations prescribed under this
> subsection, the court may, in its discretion, increase
> the amount of the award to an amount equal to not more
> than 3 times the amount available under subparagraph (B)
> of this paragraph.
> * (c) Protection of subscriber privacy rights
> + (1) Rulemaking proceeding required
>
> Within 120 days after December 20, 1991, the Commission shall
> initiate a rulemaking proceeding concerning the need to
> protect residential telephone subscribers' privacy rights to
> avoid receiving telephone solicitations to which they object.
> The proceeding shall -
> o (A) compare and evaluate alternative methods and
> procedures (including the use of electronic databases,
> telephone network technologies, special directory
> markings, industry-based or company-specific ''do not
> call'' systems, and any other alternatives, individually
> or in combination) for their effectiveness in protecting
> such privacy rights, and in terms of their cost and
> other advantages and disadvantages;
> o (B) evaluate the categories of public and private
> entities that would have the capacity to establish and
> administer such methods and procedures;
> o (C) consider whether different methods and procedures
> may apply for local telephone solicitations, such as
> local telephone solicitations of small businesses or
> holders of second class mail permits;
> o (D) consider whether there is a need for additional
> Commission authority to further restrict telephone
> solicitations, including those calls exempted under
> subsection (a)(3) of this section, and, if such a
> finding is made and supported by the record, propose
> specific restrictions to the Congress; and
> o (E) develop proposed regulations to implement the
> methods and procedures that the Commission determines
> are most effective and efficient to accomplish the
> purposes of this section.
> + (2) Regulations
>
> Not later than 9 months after December 20, 1991, the
> Commission shall conclude the rulemaking proceeding initiated
> under paragraph (1) and shall prescribe regulations to
> implement methods and procedures for protecting the privacy
> rights described in such paragraph in an efficient,
> effective, and economic manner and without the imposition of
> any additional charge to telephone subscribers.
> + (3) Use of database permitted
>
> The regulations required by paragraph (2) may require the
> establishment and operation of a single national database to
> compile a list of telephone numbers of residential
> subscribers who object to receiving telephone solicitations,
> and to make that compiled list and parts thereof available
> for purchase. If the Commission determines to require such a
> database, such regulations shall -
> o (A) specify a method by which the Commission will select
> an entity to administer such database;
> o (B) require each common carrier providing telephone
> exchange service, in accordance with regulations
> prescribed by the Commission, to inform subscribers for
> telephone exchange service of the opportunity to provide
> notification, in accordance with regulations established
> under this paragraph, that such subscriber objects to
> receiving telephone solicitations;
> o (C) specify the methods by which each telephone
> subscriber shall be informed, by the common carrier that
> provides local exchange service to that subscriber, of
> (i) the subscriber's right to give or revoke a
> notification of an objection under subparagraph (A), and
> (ii) the methods by which such right may be exercised by
> the subscriber;
> o (D) specify the methods by which such objections shall
> be collected and added to the database;
> o (E) prohibit any residential subscriber from being
> charged for giving or revoking such notification or for
> being included in a database compiled under this
> section;
> o (F) prohibit any person from making or transmitting a
> telephone solicitation to the telephone number of any
> subscriber included in such database;
> o (G) specify (i) the methods by which any person desiring
> to make or transmit telephone solicitations will obtain
> access to the database, by area code or local exchange
> prefix, as required to avoid calling the telephone
> numbers of subscribers included in such database; and
> (ii) the costs to be recovered from such persons;
> o (H) specify the methods for recovering, from persons
> accessing such database, the costs involved in
> identifying, collecting, updating, disseminating, and
> selling, and other activities relating to, the
> operations of the database that are incurred by the
> entities carrying out those activities;
> o (I) specify the frequency with which such database will
> be updated and specify the method by which such updating
> will take effect for purposes of compliance with the
> regulations prescribed under this subsection;
> o (J) be designed to enable States to use the database
> mechanism selected by the Commission for purposes of
> administering or enforcing State law;
> o (K) prohibit the use of such database for any purpose
> other than compliance with the requirements of this
> section and any such State law and specify methods for
> protection of the privacy rights of persons whose
> numbers are included in such database; and
> o (L) require each common carrier providing services to
> any person for the purpose of making telephone
> solicitations to notify such person of the requirements
> of this section and the regulations thereunder.
> + (4) Considerations required for use of database method
>
> If the Commission determines to require the database
> mechanism described in paragraph (3), the Commission shall -
> o (A) in developing procedures for gaining access to the
> database, consider the different needs of telemarketers
> conducting business on a national, regional, State, or
> local level;
> o (B) develop a fee schedule or price structure for
> recouping the cost of such database that recognizes such
> differences and -
> # (i) reflect the relative costs of providing a
> national, regional, State, or local list of phone
> numbers of subscribers who object to receiving
> telephone solicitations;
> # (ii) reflect the relative costs of providing such
> lists on paper or electronic media; and
> # (iii) not place an unreasonable financial burden on
> small businesses; and
> o (C) consider (i) whether the needs of telemarketers
> operating on a local basis could be met through special
> markings of area white pages directories, and (ii) if
> such directories are needed as an adjunct to database
> lists prepared by area code and local exchange prefix.
> + (5) Private right of action
>
> A person who has received more than one telephone call within
> any 12-month period by or on behalf of the same entity in
> violation of the regulations prescribed under this subsection
> may, if otherwise permitted by the laws or rules of court of
> a State bring in an appropriate court of that State -
> o (A) an action based on a violation of the regulations
> prescribed under this subsection to enjoin such
> violation,
> o (B) an action to recover for actual monetary loss from
> such a violation, or to receive up to $500 in damages
> for each such violation, whichever is greater, or
> o (C) both such actions. It shall be an affirmative
> defense in any action brought under this paragraph that
> the defendant has established and implemented, with due
> care, reasonable practices and procedures to effectively
> prevent telephone solicitations in violation of the
> regulations prescribed under this subsection. If the
> court finds that the defendant willfully or knowingly
> violated the regulations prescribed under this
> subsection, the court may, in its discretion, increase
> the amount of the award to an amount equal to not more
> than 3 times the amount available under subparagraph (B)
> of this paragraph.
> + (6) Relation to subsection (b)
>
> The provisions of this subsection shall not be construed to
> permit a communication prohibited by subsection (b) of this
> section.
> * (d) Technical and procedural standards
> + (1) Prohibition
>
> It shall be unlawful for any person within the United States
> -
> o (A) to initiate any communication using a telephone
> facsimile machine, or to make any telephone call using
> any automatic telephone dialing system, that does not
> comply with the technical and procedural standards
> prescribed under this subsection, or to use any
> telephone facsimile machine or automatic telephone
> dialing system in a manner that does not comply with
> such standards; or
> o (B) to use a computer or other electronic device to send
> any message via a telephone facsimile machine unless
> such person clearly marks, in a margin at the top or
> bottom of each transmitted page of the message or on the
> first page of the transmission, the date and time it is
> sent and an identification of the business, other
> entity, or individual sending the message and the
> telephone number of the sending machine or of such
> business, other entity, or individual.
> + (2) Telephone facsimile machines
>
> The Commission shall revise the regulations setting technical
> and procedural standards for telephone facsimile machines to
> require that any such machine which is manufactured after one
> year after December 20, 1991, clearly marks, in a margin at
> the top or bottom of each transmitted page or on the first
> page of each transmission, the date and time sent, an
> identification of the business, other entity, or individual
> sending the message, and the telephone number of the sending
> machine or of such business, other entity, or individual.
> + (3) Artificial or prerecorded voice systems
>
> The Commission shall prescribe technical and procedural
> standards for systems that are used to transmit any
> artificial or prerecorded voice message via telephone. Such
> standards shall require that -
> o (A) all artificial or prerecorded telephone messages (i)
> shall, at the beginning of the message, state clearly
> the identity of the business, individual, or other
> entity initiating the call, and (ii) shall, during or
> after the message, state clearly the telephone number or
> address of such business, other entity, or individual;
> and
> o (B) any such system will automatically release the
> called party's line within 5 seconds of the time
> notification is transmitted to the system that the
> called party has hung up, to allow the called party's
> line to be used to make or receive other calls.
> * (e) Effect on State law
> + (1) State law not preempted
>
> Except for the standards prescribed under subsection (d) of
> this section and subject to paragraph (2) of this subsection,
> nothing in this section or in the regulations prescribed
> under this section shall preempt any State law that imposes
> more restrictive intrastate requirements or regulations on,
> or which prohibits -
> o (A) the use of telephone facsimile machines or other
> electronic devices to send unsolicited advertisements;
> o (B) the use of automatic telephone dialing systems;
> o (C) the use of artificial or prerecorded voice messages;
> or
> o (D) the making of telephone solicitations.
> + (2) State use of databases
>
> If, pursuant to subsection (c)(3) of this section, the
> Commission requires the establishment of a single national
> database of telephone numbers of subscribers who object to
> receiving telephone solicitations, a State or local authority
> may not, in its regulation of telephone solicitations,
> require the use of any database, list, or listing system that
> does not include the part of such single national datebase
> (FOOTNOTE 2) that relates to such State.
>
> (FOOTNOTE 2) So in original. Probably should be ''database''.
> * (f) Actions by States
> + (1) Authority of States
>
> Whenever the attorney general of a State, or an official or
> agency designated by a State, has reason to believe that any
> person has engaged or is engaging in a pattern or practice of
> telephone calls or other transmissions to residents of that
> State in violation of this section or the regulations
> prescribed under this section, the State may bring a civil
> action on behalf of its residents to enjoin such calls, an
> action to recover for actual monetary loss or receive $500 in
> damages for each violation, or both such actions. If the
> court finds the defendant willfully or knowingly violated
> such regulations, the court may, in its discretion, increase
> the amount of the award to an amount equal to not more than 3
> times the amount available under the preceding sentence.
> + (2) Exclusive jurisdiction of Federal courts
>
> The district courts of the United States, the United States
> courts of any territory, and the District Court of the United
> States for the District of Columbia shall have exclusive
> jurisdiction over all civil actions brought under this
> subsection. Upon proper application, such courts shall also
> have jurisdiction to issue writs of mandamus, or orders
> affording like relief, commanding the defendant to comply
> with the provisions of this section or regulations prescribed
> under this section, including the requirement that the
> defendant take such action as is necessary to remove the
> danger of such violation. Upon a proper showing, a permanent
> or temporary injunction or restraining order shall be granted
> without bond.
> + (3) Rights of Commission
>
> The State shall serve prior written notice of any such civil
> action upon the Commission and provide the Commission with a
> copy of its complaint, except in any case where such prior
> notice is not feasible, in which case the State shall serve
> such notice immediately upon instituting such action. The
> Commission shall have the right (A) to intervene in the
> action, (B) upon so intervening, to be heard on all matters
> arising therein, and (C) to file petitions for appeal.
> + (4) Venue; service of process
>
> Any civil action brought under this subsection in a district
> court of the United States may be brought in the district
> wherein the defendant is found or is an inhabitant or
> transacts business or wherein the violation occurred or is
> occurring, and process in such cases may be served in any
> district in which the defendant is an inhabitant or where the
> defendant may be found.
> + (5) Investigatory powers
>
> For purposes of bringing any civil action under this
> subsection, nothing in this section shall prevent the
> attorney general of a State, or an official or agency
> designated by a State, from exercising the powers conferred
> on the attorney general or such official by the laws of such
> State to conduct investigations or to administer oaths or
> affirmations or to compel the attendance of witnesses or the
> production of documentary and other evidence.
> + (6) Effect on State court proceedings
>
> Nothing contained in this subsection shall be construed to
> prohibit an authorized State official from proceeding in
> State court on the basis of an alleged violation of any
> general civil or criminal statute of such State.
> + (7) Limitation
>
> Whenever the Commission has instituted a civil action for
> violation of regulations prescribed under this section, no
> State may, during the pendency of such action instituted by
> the Commission, subsequently institute a civil action against
> any defendant named in the Commission's complaint for any
> violation as alleged in the Commission's complaint.
> + (8) ''Attorney general'' defined
>
> As used in this subsection, the term ''attorney general''
> means the chief legal officer of a State.
>
>
> _________________________________________________________________
>
>