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Re: On a related note - Service Liability

2004-04-27 00:54:47

Hector Santos writes:
The German Federal Supreme Court has ruled that spam will be permissible when the recipient has given his express consent to receive the email. The court added that the sender has the burden of proof in showing the existence of the recipient's consent or interest. German coverage at <http://www.heise.de/newsticker/meldung/46627>

I would love to see a correct translation of this.

That one is decent. (I live in Germany.)

The summary above correlates with CAN-SPAM which does allow for vendor-user relationships as long as the sender is SMTP (or stated IETF) compliant.

In that case can-spam must be better than its reputation.

Under the German law, if someone spams you, you can complain and unless the sender can prove that you asked for it, the act of spamming was illegal and punishable.

Arnt


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