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martyhanna
new user
Reg'd: Sat
Posts: 6
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I was disgusted at Web User’s decision to allow Lisa Kelly, Consumer
Champion, to champion the rights of a spammer (issue 182, News). Spam
is the scourge of inboxes everywhere and the fight against it features
heavily in the pages of Web User. What where they thinking? I would be
interested to know why “Tom” (nice touch that, protecting his identity
with an alias) was so desperate to retrieve his code – perhaps to move
his spamming business to another unsuspecting ISP?
Web User needs to explain it’s decision to even consider approaching
DreamHost on behalf of a spammer and ultimately should apologise to its
readers, many of whom may be victims (past and future) of "Tom’s" utter
contempt for responsible web users. Shame on them. 
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TheFatControlleR
Forum Admin
Reg'd: Fri
Posts: 6555
Loc: Megatripolis
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I read more as a morality tale... 
--------------------
 TFC
'Going to trial with a lawyer who considers your whole life-style a Crime in Progress is not a happy prospect.' - Hunter S Thompson (1937-2005)
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clairewoffenden
Editor
Reg'd: Tue
Posts: 606
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Web User would never condone spamming and actively campaigns against it. The example of Tom's experience revealed how consumers who are tempted to engage in activity such as spamming, which clearly breaks contract terms and conditions, are on a hiding to nothing as their rights are severely compromised. In Tom's case he lost access to code which he spent many hours working on. The outcome of the investigation served as a warning to any would-be-spammers.
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martyhanna
new user
Reg'd: Sat
Posts: 6
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Sorry Claire, I'm not entirely convinced. Highlighting the consequences of breaking your ISP's t&c's is fair enough - that Tom did this by setting himself up as a spammer didn't appear to be the focus of the article and it definitely shouldn't have appeared in the Consumer Champion section.
Tom may be a Web User reader, but he's not a legitimate consumer and I still challenge Web User to explain why they intervened on his behalf to try and get his code back.
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clairewoffenden
Editor
Reg'd: Tue
Posts: 606
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Sometimes it is better to use a real-life case of what happens when a consumer engages in practices that break terms and conditions to highlight how it undermines rights - as you point out 'fair enough.'
The Consumer Champion section has run cases in the past where the reader is in the wrong - as in Tom's case - and hopefully other readers can take something away from their experiences.
As for the balance of the article - Tom admits to his mistake, but asks us to see if it is possible to get his code back. Web User does not condone his actions at any point. He admits he has transgressed terms and conditions and that it is a banable offence, but believes he has rights to his intellectual property i.e - his code.
In fact he does have some rights - pointed out by the lawyer - but beyond stating the facts of Tom's case, the main part of the article is given over to DreamHost's comments and the reality of the situation - which is that once you have broken Ts and Cs, whatever rights you have become nearly impossible to enforce.
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martyhanna
new user
Reg'd: Sat
Posts: 6
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Thanks for your full response Claire, it's nice to know we're being listened to! Hope I didn't come on too strong!
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