Re: domain name list

From: Adam Lasnik <alasnik_at_smilezone.com>
Date: Thu 3 Aug 2000 22:06:17 -0700

JIM REARDON <jim_at_amusive.com> WROTE:
> 5) What your doing is unethical, wrong, rude, and all
> sorts of synonyms relating to the fact that you
> shouldn't be doing it.
 
TO WHICH BRAD JENSEN <brad_at_elstore.com> REPLIED:
> That is just plain silly.

No, Jim is right on the mark.

BRAD JENSEN <brad_at_elstore.com> WROTE:
> I hate the car dealer ads that shout at me from my
> favorite oldies station, but I like the free radio.

Those ads pay for the content you enjoy.
Your spam does not pay for the content others enjoy.

> All advertising is rude. Period. If it doesn't
> interrupt your attention, it isn't doing its job.

Nope. All advertising is not rude. All successful
advertising does not interrupt my attention.

For instance, via Postmaster Direct, I have CHOSEN to
subscribe to an e- list tailored to the interests and
needs of Webmasters. I've purchased several products
and services that were advertised to me via this list.
Were the ads rude? Nope. Did it interrupt my
attention? No, because I CHOSE to read the ads on
this list.

BRAD JENSEN <brad_at_elstore.com> WROTE:
> If my carrier unplugged me for sending commercial
> email, I would sue the ever loving life out of him.

I'd say you were joking, but something tells me you're
serious. Unless your provider is one on the Blackhole
list (or soon to be added), they likely have strict
and severe anti-spam language in their contract.
Meaning that... if you spam using your account with
them, not only can they legally through your posterior
off their service, but they can (likely successfully)
sue you for damages. Breach of contract, trespass,
etc.

In fact, some companies (including AOL) have
successfully sued spammers on the basis of those,
ahem, folks using a disproportionate amount of the
company's bandwidth without permission.

BRAD JENSEN <brad_at_elstore.com> WROTE:
> Restrain of trade, RICO, interfering in a commercial
> transaction, conspiracy to deprive me of my civil
> rights.

Let me make this very clear. You do not have an
inalienable right to spew spam. I do not have a right
to dance the hokey-pokey on stage on Broadway, even if
I dance a very good hokey-pokey. I do not have a
"civil right" to use others' bandwidth, time, and
servers for my commercial speech.

In fact, this is one of the most key things you have to
understand: In most countries (including in the U.S.),
commercial speech is actually protected MUCH less than
non-commercial speech, and can be therefore curtailed
without much more than a "shut up" type sign in front
of establishments, legal or otherwise.

BRAD JENSEN <brad_at_elstore.com> WROTE:
> It would make a nice class action.

Yes, AGAINST you.

BRAD JENSEN <brad_at_elstore.com> WROTE:
> Reader's Digest can't only advertise to people who
> really want to buy Reader's Digest.

Sure they can. Trust me, Reader's Digest's ads never
see my eyes, or visa versa. It's simple: I choose
not to read the magazine. I don't pay to have it
transported to me. I don't pay to have it archived on
my server. And so on.

BRAD JENSEN <brad_at_elstore.com> WROTE:
> Matt Drudge put a banner ad on his own site for his
> new, not-yet-published book, and it went to number one
> on Amazon in two days.

And that's related to our spam discussion... um... how? :)

BRAD JENSEN <brad_at_elstore.com> WROTE:
> There is nothing unethical about unsolicited email, any
> more than unsolicited regular mail. It's just that it
> has been done so badly that it annoys everyone.

Just because you decide to make an authoritative
statement like this doesn't make it true. I could say
repeatedly calling the same person at work 20 times an
hour isn't unethical... but if 90% of the population
disagrees with me, I think I'd be, well, ethically
outvoted ;)

BRAD JENSEN <brad_at_elstore.com> WROTE:
> I get about $10 in direct mail pieces in my mailbox
> every day. I'd much rather get those in email, since I
> don't have time to read them in snail mail form.

Great! Then fill out the relevant forms... one with
the Direct Marketing association (to reduce junk mail)
and another with thoughtful opt-in lists so you can
get more e-mail to your liking. Isn't free choice
great?!? :)

Regards,

Adam the SmileGuy | adam@smilezone.com | http://smilezone.com/ <--VISIT :)
Humor, music, chat, pictures, free stuff, e-cards, personals, FunPolls,
contests, poetry, and much more... everything to make you smile! :-)




Received on Fri Aug 04 2000 - 00:06:17 CDT