I Heart the Federal Trial Court in Chicago
A federal trial court in Chicago has ruled recently that the ancient legal doctrine of trespass to chattels (meaning trespass to personal property) applies to the interference caused to home computers by spyware.
I'm glad to see the law catching up with what the rest of us have known for some time.
Via The Daily Pundit.
Comments
Heck, I would go even further, my telephone is not only my property but so is the service I purchase for the telco. I would assert that any advertising that takes place using my phone, any computer or the services I contract to hook them up to the internet is my personal property and anyone who uses either one to advertise is no different then a person who paints an ad on the side of my house without my permission.
Posted by: Rick DeMent | October 17, 2005 08:33 AM
Well, the service you purchase from the telco is a bit different, as that is not your property but a contract that you have entered into with the telco. The contract is subject to whatever terms and conditions you have agreed to with the telco, which is pretty much standard and allows the telco to change those terms and conditions at its discretion. Your only recourse is to change telco providers.
Posted by: Lesley | October 17, 2005 02:33 PM
Point taken, however I'm not so sure that the Telco has a clause in the contract that addresses telemarketing calls one way or another. Their position might well be that they won’t prevent the calls, but from a legal standpoint the beef is between me and the phone spammers. As far as they are concerned, and the law if you buy my half baked theory, I contract for the phone service for my exclusive convince, if they want to spam me they have to pay me.
But the actual phone is mine, all mine... mine... mine... mine!!!!!!!!
Posted by: Rick DeMent | October 18, 2005 05:45 PM