In message <[log in to unmask]>, at 17:29:53 on Thu, 19
Apr 2007, Nigel Roberts <[log in to unmask]> writes
>I have some doubt that the ICs view that this is a public network
>(don't get me wrong, it's nice to see the teapot is NOT made of
>chocolate after all!) is actually correct in law.
What no-one has yet explained (as a way of refuting my own view) is what
the ECS is that this alleged network might be delivering. Perhaps Renzo
(in Tim's blog) is hinting at this by failing to determine who the
subscriber is for this mythical ECS.
Let's look at this from another perspective. If the law had been drafted
differently (this is the EU law in the Directive, the UK regs are simply
a transposition) such that non-consensual radio broadcasts of textual
adverts were defined as spam, then what would be the position of adverts
on Teletext on TV - which fall just as much into the definition of
"emails" as these Bluetooth transmissions.
--
Roland Perry
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