spf-discuss
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Re: SPF is not usable as legal measure against spammers.

2004-07-15 18:37:41
I would like to continue this

Andriy: If I'm not happy, you shouldn't be happy!

Gmail: Are you going to try and punish us for executing a
contract you made with us? Where is the justice and fairness in that?

Andriy: Ok, you win there. But hmmm, I just heard of something called
MailCleaner!.

GMAIL:  What's That?

Andriy: It cleans up the GMAIL junk on the display!

GMAIL:  How and who is doing this

Andriy: Oh, this MailCleaner by HectorWare cleans out the GMAIL Junk. In
fact, it says here if I click this button he will materialize in this chat
with us!  Let me try that - <CLICK> ... <CLICK>

<POOF!>

Hector:  May I help you?

Andriy: Hector, how does MailCleaner work? Gmail wants to know.

GMAIL: Yeah!  I hope you not stripping our mail!

Hector:  Its a patented pending that HIDES "elements" of the display using a
RBD (Rule Based Display System).   It doesn't strip thus getting away from
any weak "tampering claim" you may have.

GMAIL:  Hide? How so?  That's stripping in my book.

Hector:  No, its akin to TV people blotting out private parts.

GMAIL:  That's still stripping mail owned by GMAIL.COM.  Call it what you
want. Its WRONG!

Hector: Why?

GMAIL:  Because we own the storage of the mail.

Hector: Well, that may be true and you might have some say if the user
created the message on your system. But you are dealing with three problems
a) material created was targeted to end users in ways the end users may deem
unacceptable; b) you don't own the mail content that originated outside your
system sent to a GMAIL.com user, and c)  MailCleaner is also for
non-GMAIL.com users that receive junk from your GMAIL.com messages.

GMAIL:  But you can't change the "intent" our GMAIL based mail.  That's like
you getting your morning paper and someone cuts out the advertisements
before giving it to you

Hector: And your point?

GMAIL: Wells that's not FAIR, your tampered with the Newspaper!  Same thing
with GMAIL!

Hector: Well, first thing.  The concept of "Home Delivery Services"
electronic, physical or otherwise was not invented by GMAIL or the Miami
Herald!  I can choose to read what I want and if I want to give a job to a
new Cuban off the boat to cut out the ads before I get the paper, you have
no control over that.  What is the Herald  going to do?  Send me a
Flintstone Newspaper making it hard to chop it up?   No problem, so I do
what MailCleaner does!  I give Juan Carlos Pepe Rodriguez a brush with black
paint!   Same with GMAIL!

GMAIL:  There is something really wrong with that!   You signed up with
GMAIL!

Hector: Not me!  But I am getting JUNK from GMAIL.com users writing to me
and my customers!  About 40% are GMAIL.COM who want your account but don't
want to see the junk.  Go Figure!

GMAIL: Ok, I can see non-GMAIL users not wanting to see the extra material.
But for our GMAIL.COM users, you MUST allow them to SEE what we WANT them to
SEE!!

Hector:  Says who?  There is no law that says a USER MUST SEE what YOU
DISPLAY AT THEM!

Gmail: Well, maybe a LAWSUIT will fix this up!

Hector:  Great! Lets bring it to the forefront to see how systems like your
ruins the integrity of the mail system.  The reason programs like
MailCleaner exist is because your SYSTEM opened a "Pandora Box"  by
modifying the originality of mail.  By the way, it is against the law to
tamper with passthru mail.  So if I write a message to one of your users
with a particular intent and you change that intent,  you are risk?

GMAIL:  Hogwash!  Are you a lawyer?  I can have you talk to one if you
like!.

Hector: I would love to meet him to outline all the product liabilities
issues GMAIL will be presented with.

GMAIL: But the user signed an agreement with us to see the ads.  You can't
change that!

Hector: Then sue HIM for breach of contract. He must of had a reason to buy
MailCleaner!

GMAIL: We might just do that and you too!

Hector: What did bush say?  "Bring it on!"   Have you even considered the
consequences of your bordering unethical engineering practice?

GMAIL: Huh?  There is nothing unethical here.  This is our ONLINE HOSTING
GMAIL.COM system. We own all mail generated here and all mail going out and
all mail coming in.  We don't route.  So its all our mail. You are the
unethical person.

Hector.: What you are doing will just open up the flood gates to others
doing the same thing and create more legal problems.  Here is a good
example, suppose I was communicating with one of your GMAIL.com to sell a
house.  So there are a lot of real estate terms in the message that allows
GMAIL to scan and tag it with direct market elements to throw up ads from
Real Estate competitors.  The user sees something interesting in the GMAIL
modified mail and I lose the potential sale that started as a PRIVATE
MESSAGE between him and me only.  It was not a PUBLIC FORUM where there is
no exclusivity in communications.   I am pretty sure the law will be on my
side with prior precedent.

GMAIL: But we still have a right to wrap a "Frame" with anything we want.

Hector: Sure.  But you also interfered with my business and I lost income
now. So I can file a suit against GMAIL for tortuous interference.

GMAIL: But the user gave us that right by signing up with GMAIL.COM. Its in
the contract!

Hector: Fine. That still doesn't stop me from filing suit against GMAIL.COM!

GMAIL: You don't have a case!

Hector: And neither do you!  You can't stop me putting my own CLEAN FRAME of
displaying your mail and the fact the user, GMAIL.com or otherwise, has
brought my software, he has a contract now that says the software will do
what it is intended to do!  Hide the Junk.

Gmail:  Man, that is just plain wrong!

Hector:  That's what I am telling you!!   And now I have version 2.0 coming
out soon that uses a new patented pending process called VFI "Visual
Friendly Interface."  Its based on our old SFI "Speech Friendly Interface"
where it learns to speak isolated spots.  VFI maps colored ads to hidden
colors content!  For example, now GMAIL.com users can train MailCleaner 2.0
to watch for RED on WHITE and change it to WHITE on WHITE.   I am also
finishing up a new patent that will allow uses to TAG their mail content
like so.  MailCleaner looks for this copyrighted tags and pulls it out for
display. The rest is ignored.

GMAIL:  Oye Vey!  That is just plain dirty!  I can we need to update our
contract saying users can't buy GMAIL strippers!

Hector: I have a better idea.

Gmail:  What?

Hector: Stick to the search business!  You will probably have a bigger
problem with your diversification into areas with no expertise now creating
a new generation on young software punks with great ideas such as: A Search
Site with no-frills overhead and junk in search results!  What a novel
idea!? huh?

Gmail: Sick! Really sick!  Anyway bye!

Hector:  You started it!  Ciao!

-- 
Hector Santos, Santronics Software, Inc.
http://www.santronics.com






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