[Asterisk-biz] DIDX.org emails

[trixter aka Bret McDanel]

On Sat, 2005-11-19 at 22:27 +1300, Matt Riddell wrote:
> LOL, I was kinda hoping I wouldn't have to go to the expense of paying lawyers
> et al.
> 
> I never *want* to pursue a legal case.  Sometimes however I am forced to.
> 

The biggest problem with lawsuits is serving the appropriate people.
Sometimes this is made easier because they have a registered agent on
file (lecs for example generally are required to have a registered agent
in each state they operate in).  

In a global marketplace, which the internet provides you may find that
people exist 100% in a foreign country and service becomes either
extremely difficult to downright impossible.  And even if you do manage
to serve them in a foreign country, the judge that hears the case has no
power to do anything if they exist 100% outside the country, in a civil
matter anyway, criminal has some slightly different rules.  

So lets say you serve someone, and its not deemed a defective service,
and they dont respond, great you file for a default judgement and win.
woohoo now what?  You cant get any damages because they exist out of the
country, you cant even get a cease and desist order that can be enforced
(normally a precursor to a lawsuit of this type anyway).

There is little you can do in the civil courts.  You can always hire
someone to assist you in getting your name removed one way or the other.
An offer they cant refuse.  However, generally that is illegal but often
much more effective than the courts :)

A better solution would be to blacklist the domain, which with most spam
filtering software is trivial, or like I was forced to do tonight due to
a mail bomb from a disgruntled "professional" just block all traffic
from them.  It certainly could be worse, I received several thousand
emails in just a few seconds ...

Gotta love sore lusers

-- 
Trixter http://www.0xdecafbad.com     Bret McDanel
UK +44 870 340 4605   Germany +49 801 777 555 3402
US +1 360 207 0479 or +1 516 687 5200
FreeWorldDialup: 635378
http://www.sacaug.org/ Sacramento Asterisk Users Group
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