You can call a blacklist a blamange. It does not have any effect
whatsoever on the rights of the plaintif with respect to discovery. The
plaintif has the right to argue that what you call a blamange is in fact
a blacklist.
-----Original Message-----
From: Douglas Otis [mailto:dotis(_at_)mail-abuse(_dot_)org]
Sent: Wednesday, December 07, 2005 8:52 PM
To: Hallam-Baker, Phillip
Cc: Anti-Spam Research Group Group
Subject: Re: [Asrg] draft-irtf-asrg-dnsbl-02.txt
On Dec 7, 2005, at 1:37 PM, Hallam-Baker, Phillip wrote:
From: Douglas Otis
As DNS reputation services, which have experienced litigation
assessing IP addresses, more prominently start assessing more
pervasive domain-names, the potential increases.
Perhaps.
But the essential point is that they have established a
solid business
model and nobody has any doubt that they have the financial
resources
to withstand (and retaliate against) meritless challenges.
This is making assumptions about the financial resources of
the litigant and their rationale. A tenable position is
being prepared for discoveries and ensuring your
documentation and contracts are concise about the services
offered. Out of millions, it would be difficult to estimate
the costs associated with resolving the term blacklist.
Perhaps it is a matter of once burnt, twice shy.
-Doug
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