OFFTOPIC: Re: Hebrew spam: what to do about it?
Shachar Shemesh
shachar at shemesh.biz
Mon Feb 9 11:53:47 IST 2009
Geoffrey S. Mendelson wrote:
> On Mon, Feb 09, 2009 at 11:24:34AM +0200, Shachar Shemesh wrote:
>
>> The law is very specific that having your name appearing on the spam
>> as the one being advertised is sufficient evidence that you are the
>> presumed spammer. I imagine that, should the spammer want to claim
>> they are not, the burden of proof is on them, not you.
>
> Oh, so I could send out email for Fred's Open Source Consulting,
> munge the headers to look like him and put him out of business.
Well, put him into hardship, certainly. Yes, this is one of the
drawbacks of the law.
>> In any case, it should be fairly easy to prove. Just call the number
>> and appear to be an interested customer.
>
> How do you present that in court? Does Israel allow recorded phone
> converstations without the other side being aware of it?
Yes (IANAL)
>
> What would you say? I got your email and want to buy xxxx? Would anyone
> in their right mind say "we did not send you an email, it must have
> been someone else" and possibly lose the sale?
I would.
>
> Geoff.
>
>
>
Shachar
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