[Gllug] Copyright on email

[Alain Williams]

A comment from a friend of mine on the idea of counter sueing.

----- Forwarded message from laurence 

Date: Fri, 26 Oct 2007 16:35:28 +0100
Subject: Re: Copyright on email
To: Alain Williams <addw at phcomp.co.uk>

I don't think it would work.  Computer misuse (criminal and civil
remedies) is covered by CMA and I do not think the law recognises the
sending of unwanted email to be any kind of misuse (although the
situation is different in the USA), except perhaps in very large volumes
(email bombs) that would interfere with normal use of machine. 
Moreover, you too would have suffered no damages and any counterclaim
even if successful would be subject to the same shortcomings as their
claim. Also, your having an email address which you have somehow
circulated is an invitation to persons to email you, just as having an
address and a letterbox is an invitation to persons to send you letters
and circulars. If however, you were to put the company on notice that
you do not wish to receive any further such emails and they failed to
comply, you would have a somewhat stronger cause for complaint (again,
subject to proof of damages).

Laurence

Alain Williams wrote:
> An interesting take on the issue, if they sue, I counter sue
> for misusing/... my computing resources.
>
> ----- Forwarded message from Jason Clifford <jason at ukfsn.org> -----
>
> Date: Fri, 26 Oct 2007 15:14:12 +0100
> From: Jason Clifford <jason at ukfsn.org>
> Subject: Re: [Gllug] Copyright on email
> To: Greater London Linux User Group <gllug at gllug.org.uk>
>
> On Fri, 2007-10-26 at 10:41 +0100, Alain Williams wrote:
>   
>> I have spoken to a legally minded friend who says that me 'publishing' it here
>> is actually a technical breach of copyright, however Kingpin would win their case
>> against me but get negligable damages because they will not have suffered a real
>> loss by me publishing it.
>>
>> Bearing in mind the parallal discussion on copyright - what do you think ?
>>     
>
> I think you should hope they try to sue so you can counter sue and
> provide details to the police in respect of their unauthorised access to
> your systems ;)
>

----- End forwarded message -----

-- 
Alain Williams
Linux Consultant - Mail systems, Web sites, Networking, Programmer, IT Lecturer.
+44 (0) 787 668 0256  http://www.phcomp.co.uk/
Parliament Hill Computers Ltd. Registration Information: http://www.phcomp.co.uk/contact.php
Chairman of UKUUG: http://www.ukuug.org/
#include <std_disclaimer.h>
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