Hi,
This has been considered illegal by the Landgericht Berlin:
Mailing list subscription confirmation notice for mailing list Mailman-Users
We have received a request from [IP address] for subscription of your email address, "michael.kallas@web.de", to the mailman-users@python.org mailing list. [...] This court decided (search Google for "16 O 515/02") that it is considered to be "unwanted advertisement" (UCE, SPAM) if a businessman gets a mail in which he is asked whether he wants to be subscribed to a newsletter. It would be the task of the newsletter administrator to prove that the other person really _wanted_ to subscribe. Similar rights could be used for private persons, so this affects indeed all mailing lists / newsletters.
Should this judgement be shared by other german courts, newsletter admins using mailman or any similar software would have to fear a wave of dissuasions.
Best regards Michael Kallas
All thoughts are free, Who can ever guess them? Die Gedanken sind frei, Wer kann sie erraten?
Angst vor Viren? Nicht bei WEB.DE FreeMail. Hier können Sie jeden Dateianhang auf Viren prüfen. http://freemail.web.de/features/?mc=021157
Sometimes law gets away from reality.
So how would someone confirm a subscription if it's illegal to email them before they confirm it?
- Stoney
On 12/6/02 3:29 AM, "Michael Kallas" <michael.kallas@web.de> wrote:
Hi,
This has been considered illegal by the Landgericht Berlin:
Mailing list subscription confirmation notice for mailing list Mailman-Users
We have received a request from [IP address] for subscription of your email address, "michael.kallas@web.de", to the mailman-users@python.org mailing list. [...] This court decided (search Google for "16 O 515/02") that it is considered to be "unwanted advertisement" (UCE, SPAM) if a businessman gets a mail in which he is asked whether he wants to be subscribed to a newsletter. It would be the task of the newsletter administrator to prove that the other person really _wanted_ to subscribe. Similar rights could be used for private persons, so this affects indeed all mailing lists / newsletters.
Should this judgement be shared by other german courts, newsletter admins using mailman or any similar software would have to fear a wave of dissuasions.
Best regards Michael Kallas
- Michael Kallas (michael.kallas@web.de) wrote:
This has been considered illegal by the Landgericht Berlin:
Mailing list subscription confirmation notice for mailing list Mailman-Users
We have received a request from [IP address] for subscription of your email address, "michael.kallas@web.de", to the mailman-users@python.org mailing list. [...] This court decided (search Google for "16 O 515/02") that it is considered to be "unwanted advertisement" (UCE, SPAM) if a businessman gets a mail in which he is asked whether he wants to be subscribed to a newsletter. It would be the task of the newsletter administrator to prove that the other person really _wanted_ to subscribe. Similar rights could be used for private persons, so this affects indeed all mailing lists / newsletters.
So turn off the confirmation so you assume if the user clicks the subscribe, they _want_ to be subscribed.
| Matthew Davis /\ http://dogpound.vnet.net/ | |--------------------------------------------| | Friday, December 06, 2002 / 12:09PM |
Futuristic: It only runs on the next-generation supercomputer.
On Friday 06 December 2002 12:10 pm, Matthew Davis wrote:
- Michael Kallas (michael.kallas@web.de) wrote:
This has been considered illegal by the Landgericht Berlin:
Mailing list subscription confirmation notice for mailing list Mailman-Users
We have received a request from [IP address] for subscription of your email address, "michael.kallas@web.de", to the mailman-users@python.org mailing list.
[...] This court decided (search Google for "16 O 515/02") that it is considered to be "unwanted advertisement" (UCE, SPAM) if a businessman gets a mail in which he is asked whether he wants to be subscribed to a newsletter. It would be the task of the newsletter administrator to prove that the other person really _wanted_ to subscribe. Similar rights could be used for private persons, so this affects indeed all mailing lists / newsletters.
So turn off the confirmation so you assume if the user clicks the subscribe, they _want_ to be subscribed.
So, how do you then prove that it was them and not someone else?
--
"Suppose you were an idiot . . . . And suppose you were a member of Congress . . . . but I repeat myself."...Mark Twain
participants (4)
-
Matthew Davis -
Michael Kallas -
Phil Barnett -
Stonewall Ballard