Quote:
Originally Posted by Rob
I find the whole idea that sending an email to a company's group address or distribution list means that it can't offend because it's not addressed to an individual rather a laughable argument. You wouldn't expect to be able to walk down the street shouting abuse to the heavens, without eventually feeling your collar tugged by one of Blunket's bouncers would you? It's the same for the email, and in fact worse. It will be read by real people on behalf of the company, it is those readers that can and will take offence, and since it's sent to a group address, chances are you will offend not just one reader, but a multitude.
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Indeed. If you are shouting abuse in a public place that is not the same issue.
I am not saying an email not addressed to or sent to a specific person is not capable of being seen as offensive. It just cant be deemed offensive under law jusut because it is capable of being seen as offensive.
The issue is whether it constitutes abuse of an individual or harrassment becasue these are the only real contractual issues at stake here and why the clauses exist in the first place which is to protect VM from being culpable as an ISP.
The fact it contains a swear work is substantially irrelevant because it is possible in law to abuse and harrass without using swear words.
It isnt suffiecient in law AFAIK for Virgin to simply invoke wide reaching terminology in their AUP or T&Cs which are unenforceable in law.
As mentioned before as an example - their T&Cs say they can terminate a customers account immediately for any reason. This is not lawful. In court this statement in the T&Cs would be disregarded.