one-to-many messaging

[Clive D. W. Feather]

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In article <4HEN3OCMnh8HFABE@highwayman.com>, Richard Clayton 
<richard@highwayman.com> writes
>AIUI (and I have never signed an NDA about this system, so some of the
>detail I have may be incorrect -- or indeed now significantly out of
>date) there was no way around the fact that the "Cleanfeed" system
>(Cleanfeed is in fact someone else's trademark, so BT never call it this
>in public) drives a coach and horses through any claim for "mere
>conduit" exemptions for web traffic.
>
>Their official position was that if this became a significant risk for
>them, they'd turn off the system. Since it is still operating, this will
>be because they have found that in practice they still have sufficient
>other legal coverage for their activities.

I suspect that it's actually because there's been no sign of a legal 
threat so far.

I recently had to do some legal research in this area and, to the best 
of my ability to determine, there have been *no* reported cases on the 
liability aspects of the E-Commerce Regulations other than some dicta 
(non-binding comments) in Bunt v Tilley (2006 EWHC 407).

This lack of cases makes me think that BT's position is simply that it 
has not yet become a significant legal risk for them.

- -- 
Clive D.W. Feather                       | Home: <clive@davros.org>
Tel: +44 20 8495 6138 (work)             | Web:  <http://www.davros.org>
Fax: +44 870 051 9937                    | Work: <clive@demon.net>
Please reply to the Reply-To address, which is:  <clive@davros.org>

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