Valdis writes:
... the biggest question is which spammer (if any)
is willing to risk the lawsuit to find out.
There might be quite a few. It might be easy to have Habeas' claims
invalidated, and it would be worthwhile to spammers to get that out of the
way. Additionally, some organizations might back them, such as the DMA or
the ACLU.
The same thing is going on currently over on the
patent law side of the fence - companies will just
fold and pay the licensing fees rather than fight
an obviously bogus patent.
They aren't choosing between fighting and going out of business, though.
Would Habeas license its haiku to spammers?