Re: SPF [WAS: Best practices for hosting web but NOT email?]

[John Peacock <jpeacock@rowman.com>]

Dean Anderson wrote:
> Exactis V. MAPS. 
...was settled out of court before any judgement, so it has no legal 
significance at all.  Lawyers make all sorts of arguments during the 
course of a trial (the "throw enough against the wall and see what 
sticks" technique).  If a judge hasn't accepted a given argument *and* 
it has been upheld on appeal, there is no reason to believe that the 
argument is valid.
In fact, the same argument that blocking unsolicited e-mail violates 
anti-trust law was specifically denied [10 years ago] by the U.S. 
District Court in Pennsylvania in "Cyber Promotions, Inc. v. America 
Online, Inc."[1]  Additionally, in "Compuserve v. Cyber Promotions, 
Inc."[2], bulk e-mail can be considered to be trespass, subject to tort 
damages.
John

1) 948 F.Supp. 456 (E.D. PA 1996)
2) 962 F.Supp. 1015 (S.D. Ohio Feb. 3, 1997)

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John Peacock
Director of Information Research and Technology
Rowman & Littlefield Publishing Group
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