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FIB - Scams 101 - Ye Olde Archives
Posted By: Colin <enterfreedom@yahoo.com> In Response To: Would I be spamming? (Dave Mauder (eDave))
Saturday, 16 July 2005, at 9:42 p.m.
When in doubt. why not just look at what the law says..
Go to google and search 'canspam act 2003' or 'canspam act 2004'
http://www.google.com/search?sourceid=navclient&ie=UTF-8&rls=GGLD,GGLD:2003-45,GGLD:en&q=canspam+act
My short answer is... No you are not spamming. if you follow the law, that is.
Follow the LAW and you are NOT spamming,
Just because some Joe on your list or message forum says you spammed him, does not mean you did. Maybe in their mind you did, but are you going on what they think or what is LAW.
> I was going to target this question at The Roadie, but I figure anyone can
> answer... I have an old autoresponder mailing list with just over 7,000
> people on it from back in the day when I was publishing my monthly ezine.
> I haven't published a new edition for about a year.
> Is it OK to email that list to introduce a new newsletter I'm starting, or
> just to touch base with them and encourage them to visit my site to see
> all the changes I've made in the past year?
> It is my mailing list and it took some time to build, but I know how
> people are about spam. I probably hate it as bad or more than most people.
> I certainly don't want to be accused of spamming, but I also want to be
> able to tap into that list it took me so long to build.
> Thoughts?
> Dave
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If your attorney is worth his salt, he's going to tell you that the expense of filing a lawsuit you can't win is a whole lot worse than any "damages" resulting from messages posted on this insignificant little chunk of cyberspace. NEWS FLASH: I didn't just climb down off that ol' turnip truck yesterday. I'm well aware that expressing a negative opinion, relating one's personal experience, and restating provable facts are all legal in this country and do not constitute libel, slander, or defamation -- so you don't want to play games with me, and you sure don't want to start something you aren't prepared to finish. I don't take threats lightly, and I don't accept bribes (or did you call it a "mutually-beneficial arrangement"?). I'll turn you in faster than you can yell, "ARREST ME, I'M SCUM!!" Do yourself a favor and turn your legal team loose in greener pastures. Although we may, from time to time, monitor or review discussions, postings and the like on the Friends In Business (Scams 101) Message Board, we are under no obligation to do so. We are not responsible or liable for any claim arising from the content of any such discussions or postings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are likewise prohibited from posting any false claims against any company or individual. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. By posting messages and/or content on the Friends In Business (Scams 101) Message Board, you give permission for Lesley Fountain/Friends In Business/Shoestring Success Publications to display, distribute and use the posting and content for publication, advertising, promotion, excerption or example. You grant Lesley Fountain/Friends In Business/Shoestring Success Publications complete, perpetual, but non-exclusive rights to use, archive, reproduce, adapt, modify, distribute, sub-license, repurpose, rework, compile, or offer for sale or resale the messages, postings or content appearing on this site in whole or in part, throughout the world and universe, on a royalty-free basis without remuneration. If you cannot accept or agree with the terms of service for this website and discussion board, you are advised not to post on this board. In closing, I would like to remind you once again that it is still legal, in this great country of ours, to express a PERSONAL OPINION, as long as it is presented as opinion and not as fact. And finally, all you scammers out there will do well to remember that TRUTH IS AN ABSOLUTE DEFENSE against charges of libel, defamation, and slander... so if you're operating just a hop, skip, and jump ahead of the law, you might want to think twice before doing anything stupid... (AND SHAME ON YOU!!). |