How to handle junk mails and email threat?

How to handle junk mails and email threat?

Post by Ron » Tue, 01 Nov 1994 13:09:23



Dear veteran UseNet surfers:

I need your help.

Two weeks ago, I received some 50 junk mails from a guy whom i never heard
about. I asked him why but got no response. I complained to the system
administrator of his system. No response.

This Friday, same thing happened. After my 2nd complaint to his root, the root
at his system emailed me back accussing me for hiding information, and
suspecting me starting the war. I explained back. Then this mail-bomb
guy accused me post in the Soc.culture.china newsgroup with some language
like "god is my *" and he intended to teach me a lesson. I asked him
to send me my guilty post because I never posted it. I also posted my reply
to SCC with his mail included. I suspected it was another guy faked my post
because I just had a hot debate with him.

Today, the mail-bomb guy replied back accusing that I had violated his
copyright by posting his message(to me) to SCC. He also asked my phone number
and said he might ask his friends in FBI to investigate me. BTW, I checked
SCC and found no "god-is-my-*" post under my name.

What should I do.


Ron Du

 
 
 

How to handle junk mails and email threat?

Post by Daniel Hartu » Fri, 04 Nov 1994 00:46:22



>Today, the mail-bomb guy replied back accusing that I had violated his
>copyright by posting his message(to me) to SCC. He also asked my phone number
>and said he might ask his friends in FBI to investigate me. BTW, I checked
>SCC and found no "god-is-my-*" post under my name.

Don't worry about this, the FBI will laugh at him.  I suggest simply
copying anything he sends you back to him AND his postmaster (who may
be the same person, from what you indicate, hmmm).  And tell him that
any more unsolicited email WILL get a response from your lawyer.

Then hire a lawyer and do it.

--
  Daniel A. Hartung          |  Support the new Arts/Humanities hierarchy!




 
 
 

How to handle junk mails and email threat?

Post by Anar » Sun, 06 Nov 1994 06:25:35




> RD> Today, the mail-bomb guy replied back accusing that I had violated
> RD> his copyright by posting his message(to me) to SCC.

>    And, while everything else seems like BS, he's right about this.
>And, beyond copyright issues, it's impolite to post private email (or
>quoted portions of same), without permission.

Is that really true?  I've heard it said many times, but so far no one
has actually been able to give any precendents, citations, etc.  About
copyright issues, I mean...of course it's impolite.  This probably ought
to go to misc.legal or somewhere like that.
 
 
 

How to handle junk mails and email threat?

Post by Paul Philli » Mon, 07 Nov 1994 14:25:08




>>        And, while everything else seems like BS, he's right about this.
>>And, beyond copyright issues, it's impolite to post private email (or
>>quoted portions of same), without permission.

>Is that really true?  I've heard it said many times, but so far no one
>has actually been able to give any precendents, citations, etc.  About
>copyright issues, I mean...of course it's impolite.  This probably ought
>to go to misc.legal or somewhere like that.

Isn't this what FAQs are for? From the Copyright FAQ, available at
rtfm.mit.edu in /pub/usenet/news.answers/law/Copyright-FAQ:

-- Begin include --

3.8) Are Usenet postings and email messages copyrighted?

Almost certainly.  They meet the requirement of being original works of
authorship fixed in a tangible medium of expression (see section 2.3).  
They haven't been put in the public domain; generally, only an expiration
of copyright or an unambiguous declaration by an author is sufficient to
place a work into public domain.

However, at least with Usenet postings, there are two doctrines which
probably allow at least some copying: fair use (see sections 2.8 and 2.9)
and implied license.

Whether a particular use of a Usenet posting is a fair use is, as always,
a very fact-specific determination.  However, it's probably safe to say
that it's a fair use if the use was not commercial in nature, the posting
was not an artistic or dramatic work (e.g.,, it was the writer's opinion,
or a declaration of facts, and not something like a poem or short story),
only as much of the posting was copied as was necessary (e.g., a short
quotation for purposes of criticism and comment), and there was little or
no impact on any market for the posting.

A similar argument can be made for quoting of private email messages.  Of
course, revealing the contents of a private email message could run afoul
of any of a number of non-copyright laws: defamation, invasion of
privacy, and trade secrecy, to name a few.  So even if you won't be
violating any copyright laws, you should consider other factors that may
expose you to legal liability before revealing a private message's
contents.

Proponents of the implied license idea point out that Usenet postings are
routinely copied and quoted, and anyone posting to Usenet is granting an
implied license for others to similarly copy or quote that posting, too.  
It's not clear whether such implied license extends beyond Usenet, or
indeed, what "Usenet" really means (does it include, for example,
Internet mailing lists?  Does it include netnews on CD-ROM?).  If a
posting includes an express limitation on the right to copy or quote,
it's not at all certain whether the express limitation or the implied
license will control.  No doubt it depends on the specific facts.  For
example, was the limitation clearly visible to the person who did the
copying?  Was the limitation placed such that it would be visible only
after the person who did the copying invested time and money to get the
posting, believing it to be without any limitation?

With private email messages, a copier who relies solely on the implied
license argument will probably lose, since it's hard to argue that by
sending the private message to a limited audience, the sender intended
for it to be copied and quoted.  For email messages to a public mailing
list, the implied license argument may still be sound.

These theories are largely speculative, because there has been little
litigation to test them in the courts.  As a practical matter, most
postings, with a small number of notable exceptions, are not registered
with the Copyright Office.  As such, to prevail in court, the copyright
holder would need to show actual damages (see section 2.5).  Since most
of these cases will result in little or no actual damage, no cases have
been be brought; it's simply too expensive to sue for negligible damages.

-- End include --

 -PSP

--
"For a while in my life I was the school wit and some people still think I
 can be very funny.  However, I got tired of being funny.  As time when on I
 grew into the role of a prophetess much more than that of a funny person."
     -- Doctress Neutopia, alt.society.neutopia

 
 
 

How to handle junk mails and email threat?

Post by N.C.Strugnel » Wed, 09 Nov 1994 23:38:22





> > RD> Today, the mail-bomb guy replied back accusing that I had violated
> > RD> his copyright by posting his message(to me) to SCC.

> >       And, while everything else seems like BS, he's right about this.
> >And, beyond copyright issues, it's impolite to post private email (or
> >quoted portions of same), without permission.

> Is that really true?  I've heard it said many times, but so far no one
> has actually been able to give any precendents, citations, etc.  About
> copyright issues, I mean...of course it's impolite.  This probably ought
> to go to misc.legal or somewhere like that.

I recently posted a flame, not mentioning any names, to our campus
listserver regarding continuous network failures. I then got a private
email from the sysadmin demanding an apology. As I realised I had been out
of order I apologised to him and sent another posting to the
listserver qualifying my original complaints. The next day he posted my
apology on the listserver for about 2000 people to read. What can I do?

Nick Strugnell                          
School of Geography and Earth Resources  
University of Hull                        

 
 
 

How to handle junk mails and email threat?

Post by Seth Breidba » Thu, 10 Nov 1994 10:00:37




>I recently posted a flame, not mentioning any names, to our campus
>listserver regarding continuous network failures. I then got a private
>email from the sysadmin demanding an apology. As I realised I had been out
>of order I apologised to him and sent another posting to the
>listserver qualifying my original complaints. The next day he posted my
>apology on the listserver for about 2000 people to read. What can I do?

You can post on the listserver a complaint about the kind of person
who would psot someone else's email without permission.

Seth

 
 
 

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