On Thu, 6 Mar 2003 14:29:29 -0800 (PST), Michael Marking wrote:
There is a shovel in my yard, not locked up. If a person takes my shovel
without my permission, and uses it to kill another person, am I guilty?
I think not.
Perhaps the open relays operators are negligent (or lazy or whatever),
but the theft is being committed by the spammers.
The terms of art are 'contributory negligence' and 'attractive
nuisance'. If you leave your swimming pool unlocked, and a
neighborhood child invites his friends over for a swim (without
your permission) and someone drowns, YOU would definitely go to
prison in most jurisdictions I know of.
I have just posted a Best Current Practice addressing this matter
but it seems not to have gone through. I expect to repost for
comment shortly.
Jeffrey Race
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