Jen-
I'm assuming this was directed at a list-serve we (SGA) control? If so,
let's just remove the undersigned from it lest we should see him disturbed
further.
I haven't any idea what this is but what I CAN tell you is that it has
absolutely no legal basis. There is no contract here and as such, no
possibility for "breach of contract". Contract law is quite explicit
regarding what elements are required to be present in order for a contract
to exist, many of which are absent here.
In fact, this doesn't even constitute an OFFER to contract. One of several
reasons for this is that the the second party to the contract would be
accepting the terms under "Duress". The courts have generally held that
duress (which is the idea that the accepting party would be accepting due
to a "threat of harm"), can be applied to economic hardship. Thus, if
anyone were foolish enough to enter into the ridiculous "offer" detailed
below, the contract would be VOIDABLE at their discretion because they
would have been presuaded to do so under the threat of economic harm.
Further, the misunderstanding of negligence displayed below is laughable.
Whoever the misguided soul on the other end of this is, he has quite a bit
of legal study to do.
But let's just get him off the list and be done with it.
At 08:28 AM 3/3/99 +0800, you wrote:
>I do not want to receive uninvited solicitations by email (``Junk Email'').
>I am unwilling to receive Junk Email freely because it costs me time and
>money. If you send me any Junk Email other than on the terms of the offer
>set out in the following nine points, I will take this to mean that you plan
>to use what I offered you without paying for it. If you ever try to do this
>I reserve my right to take any action available to me without further
>reference to you. Actions available to me include taking proceedings against
>you for negligence or breach of contract, which may result in substantial
>damages being awarded against you by a court. The unauthorized use of my
>computing facilities may even be a crime.
>
>1.I offer to receive all further email from you on the terms set out below.
>If you send me any solicitation by email without my express prior written
>consent this will be taken as your acceptance of this offer.
>
>2.For the purposes of points 3 and 4, you will be taken to have sent any
>email sent by
>any entity apparently associated with you for the purpose of sending email
>solicitations.
>
>3.You must pay me ten US dollars for each such item of email
>that you send me.
>
>4.You must pay me ten US dollars for each copy of each
>email solicitation that you send to anybody or any email address referred to
>below, even if you don't send a copy to me. You may also have to pay other
>persons as well if they have sent you a similar offer.
>
>5.I may join with any of those persons for the purpose of efficiently
>collecting your payments.
>
>6.You must mail payment by certified check to me within five working days of
>the transmission of the email. If you do not know where to send payment, you
>must state this in the email and give me an easy way to tell you.
>
>7.Each email item must be uniquely identified, and each payment must clearly
>identify the relevant item or items.
>
>8.You must tell me your name and full business and residential addresses in
>each email message.
>
>9.I may vary the terms of or terminate this offer at any time (even after
>you have accepted
>it). Any new terms will apply to all email you send after you have been
>notified of a variation.
>
>The copyright of the above text is held by Junkbusters Corporation and is
>used here in accordance with the GNU General Public License, copies of which
>are available at www.junkbusters.com or from the Free Software Foundation,
>675 Massachusetts Avenue, Cambridge, MA 02139, USA.
>
>Regards
>Andrew Priest
>
>
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>From: "Sustainability and Local Agenda 21 facilitator" <[log in to unmask]>
>To: <[log in to unmask]>
>Subject: Newsletter of IULA'99 Virtual Congress
>Date: Tue, 2 Mar 1999 09:54:21 +0100
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>
>2nd Newsletter of IULA'99 Virtual Congress
>-------------------------------------------
>In the last newsletter, we informed you about the opened forums of each
>thematic area. Since then, new contributions and also papers have arrived to
>the forums. These papers open new issues for debating and, with no doubt,
>enrich the forums. We should not forget that the IULA Conference will begin
>in four weeks!
>Before starting with the new issues of each thematic area (Local democracy,
>Sustainability and Local Agenda 21 and Social cohesion), it's good to remind
>the main objective of the Virtual Congress. This is to open a debate, as
>wider as possible, among people and social sectors related with each of the
>items through contributions, opinions, experiences, publications, best
>practices, etc. A virtual library about local government can be also
>consulted. You can find us in:
>http://www.iulabcn.org.
>Another important previous question is that the register form has been
>changed to promote participation in the forums. With this modification the
>initial identification is not needed and you just have to identify yourself
>with your name and e-mail when you do a contribution to a forum.
>We are waiting for your participation!
>The Virtual Congress facilitators,
>Moises Amoros (Social Cohesion) [log in to unmask]
>Helena Barraco(Sustainability and Local Agenda 21) [log in to unmask]
>Ramon Canal (Local Democracy) [log in to unmask]
>
>Local Democracy in the world
>-----------------------------
>This area covers a very wide range of themes related to the concept of local
>government (what should be local government in the 21st century?). We are
>sure that at least one of them will fit in with your professional or
>academic interest areas. Just try!
>We recommend you to take a look at the new contributions put in the themes
>"Towards a world charter of local self-government" (the local-global
>polemic) and "Local democracy, sustainability and social cohesion" (the
>decentralisation debate).
>You can also consult and/or download numerous documents of great interest,
>such us the declaration issued from the conference "cities for human
>rights", which was held in October 1998 in Barcelona.
>
>Sustainability and Local Agenda 21
>----------------------------------
>These are the new issues of the thematic area Sustainability and Local
>Agenda 21 since the last Virtual Congress' newsletter:
>* Local Agenda 21. You'll find interesting documents for discussion about
>the sustainable urban development in Latin-American cities (in Spanish) and
>the United Nations' Program about Cities for Climate Protection. This is the
>most dynamic forum; you can find interventions and news related to
>experiences at different levels which have taken place in the local world:
>co-operation among cities, sustainable tourism, energy efficient management
>and citizen participation process' among others.
>* Urban vehicles. More efficient and less polluting cars are already a
>reality? In this forum you'll find documents referring the Brazilian Policy
>of Alcohol as a fuel and documents about hybrid vehicles in Sweden
>* Telematics and clean technologies. A discussion forum about the possible
>effects of Internet on urban mobility is going on. You'll find also
>documents related to experiences with local telematic information networks
>in Italy.
>* The urban-rural dynamics. In this forum you can find the paper Local
>Authorities, food commercialisation and the cities' future (only in Spanish)
>by Olivio Argenti (Co-ordinator of the FAO's interregional program about
>Food management and distribution in cities), who will participate as a
>speaker in the IULA'99Congress.
>
>Social Cohesion
>----------------
>Opened fora and the themes that are being discussed are as follows:
>* Tackling crime for successful cities. Mr. Jordi Borja's paper can be
>consulted in this forum. In the paper, Borja explains that there is an
>ambiguity concerning crime prevention: on the one hand, it is a right which
>can not be denied to anyone, and, on the other hand, some planing policies
>play against the effective promotion of security. The negative effects of
>the traditional prevention policies should be added to the effects of city
>planing. Mr. Jordi Borja, acknowledging some positive results of these
>traditional crime prevention policies, bets for a more integrated approach
>with planing policies. This new approach ought to revitalise the public
>places as a meeting point of the different local communities. Hence,
>communication and solidarity would be enhanced. Apart from this paper, it
>can be found some other contributions asking for ideas to help them to
>improve the prevention of crime in their localities.
>* Local government: working for older persons and young people. The
>contribution of the Building and Social Housing Foundation is important.
>This Foundation held a seminar on new ideas and attitudes to housing for
>older people, last April. An extract of the main conclusions achieved can be
>consulted. The conclusions highlight the need for a more integrated approach
>among the different stakeholders working on ageing policies. Besides, in
>this forum it is asked whether Barcelona's model of Social Services can be
>exported to other cities or not.
>* Promoting local employment. This is the most dynamic forum of the Social
>Cohesion and Participation Area. Two interesting papers can be read. The
>first paper is written by Mr. Micahel Cohen, and he highlights the
>importance of the 'soft factors' in building a coalition for the promotion
>of the local economy. The second one belongs to the Mayor of Porto Alegre
>(Mr. Raul Pont) and emphasises the chance of citizens to have an important
>role in promoting the local economy and employment through the participatory
>budgeting.
>* A city for all. Participation. In this forum it can be found as well the
>paper of Mr. Raul Pont, Mayor of Porto Alegre, because he emphasises the
>need for understanding citizen participation as a key element of local
>economy policies. Besides, there are more contributions challenging the
>assumption that Internet can enhance citizen participation.
>* A city for all. Intercultural dialogue. The main topic addressed in this
>forum is whether we should talk in terms of multiculturality terms or in
>terms of interculturality. What is being debated is the nature of the city
>and the impacts of the city as a place open to every body, or not. The
>issues is opened for discussion.
>
>--
>"If I worked as much as others, I would do as little as they." Steve Wright
>
>School of Accounting, Edith Cowan University, Perth, Western Australia 6018
>Mailto:[log in to unmask] Mailto:[log in to unmask]
>
>Webmaster - AcctInfoPlus - Conference Listings
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