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General Public Electronic Mail License

Introduction

Mission Statement:

The purpose of the General Public Electronic Mail License, referred to hereafter as the GPEMC, is to open a channel of class litigation to those whose activities make their electronic mail addresses public but who do not wish to be buried in megabytes of malicious and/or commercial advertising material without due compensation.

Warranty:

By publishing the GPEMC FieldCraft neither expresses nor implies any warranty nor expectation of the legality nor consequence of using this license. The GPEMC is primarily an idea presented as a draft license whose legality will vary from country to country, and depend greatly on the political climate and on who is making the most substantial campaign contributions! Furthermore, tracking and prosecuting many dishonest advertisers is simply not practical. The intention of this license is to allow a severe example to be made by civil and/or class action, of any deliberate sender of malicious and/or unsolicited commercial email (hereafter referred to as advertising thieves) that gets caught - and not to imply that the amount of malicious and/or commercial will ever lessen. In fact, the only guarantee that FieldCraft is prepared to make in the light of this license, is that no matter what you do, the volume of malicious and/or advertising material sent through electronic mail will increase. Unless the authorities act now, to stop this form of advertising theft (by outlawing the practice, AND by outlawing the forwarding of any electronic mail that has errors in the "received by"-"received from" continuity of the header), there will soon be no bandwidth left for honest people to send and receive legitimate email or browse the web!

Liability:

In publishing the GPEMC as a service that is free of charge to individuals and the community, FieldCraft accepts no liability whatsoever for the misapplication of this license. Correct application of the GPEMC is, in this context, subject to the acquisition of independent legal advice from a source that has expertise in the the relevant jurisdiction and as such is fully prepared to accept liability for an expert opinion.

Application:

This license applies to ALL electronic mail addresses published either:

1.    By Domain

As derived from a domain name on a web page hosted in that domain's document root as "email-address-license.shtml" or "email-address-license.htm" with the following statement between the <BODY> tags:

Unless otherwise specified in the electronic mail label and in the signature as published in the past thirty days by the owner of the domain hosting this page, the use of  ALL electronic mail addresses based on or derived from the domain hosting this page is subject to the terms and conditions of the General Public Electronic Mail License published at http://www.fieldcraft.eu/GPEMC.shtml

This does not exclude any other special or additional conditions included as content with the above statement in the "email-address-license" file, nor does it specify any particular text colour (green is used here to differentiate an exact multi-line quotation from the rest of the text) but simply defines the minimum requirement for notification under the terms of this license.

2.    By Newsgroup or Electronic Mailing List

With the reference, "GPEMC", to the license on this page in the electronic mail label, and where the electronic mail address is reproduced in a signature, the line following the electronic mail address shall state, "The use of this electronic mail address is subject to the General Public Electronic Mail License published at http://www.fieldcraft.eu/GPEMC.shtml"

By way of example, Timothy Casey B.Sc.(Hons.) would become Timothy Casey B.Sc.(Hons.) GPEMC! if the owner of this electronic mail address (hereafter referred to as the owner) was to assign the terms of use outlined in this license to that electronic mail address. The owner's web browser must be configured to ensure that web sites, which acquire electronic mail addresses via instructions to the browser, get the GPEMC tag in the email address. The default email address in news browser, mail browser, and web browser must all contain the GPEMC reference as must the text signature of all outgoing electronic mail and news postings. In this example, the text signature could be modified to read:

--
Timothy Casey B.Sc.(Hons.) - GPEMC!
The use of this electronic mail address is subject to the General Public Electronic Mail License published at http://www.fieldcraft.eu/GPEMC.shtml

This does not exclude any other content in the text signature, nor does it specify any particular text colour (green is used here to differentiate an exact multi-line quotation from the rest of the text) but simply defines the minimum requirement for notification under the terms of this license.

Notice:
The minimum period of notice before the owner is entitled to act on this license is one calendar month with the exception of:

  1. New or previously unpublished electronic mail addresses and
  2. Violations to this license that can be proven to have been facilitated by the harvesting of an electronic mail address that refers to this license. For example, a unsolicited advertising electronic mail is sent to the owner that opens with, "Hello [owner's name] GPEMC". Notice is defined as publication of the email address with the abovementioned GPEMC reference; 
    • In the course of conducting internet activities as have been done by the owner for the past six months, visiting the same sites, with the same security precautions, the same level of Internet Explorer Security, the same frequency of mailing list and news group publications, etc.
    • On a web page indexed by a major public search engine - including but not limited to; Google, Yahoo, Altavista, etc; 
    • On a public newsgroup accessible from the news browser in Outlook Express, whose postings are indexed by Google.

Title:

The owner reserves exclusive right to the use and governance of use of her/his electronic mail addresses and makes the use of those referring to the GPEMC (herein referred to as GPEM addresses) subject to the terms of this license. Use includes both sending and receiving all material that passes through the GPEM addresses, along with publication and citation of their details. Governance includes policy making and enforcement with respect to the of use of the owner's electronic mail addresses, subject to the government regulations within the legitimately applicable jurisdiction.

General Policy:

All electronic mail sent or received via a GPEM addresses must be addressed to the receiver and must include the sender's electronic mail address in the header or elsewhere in the body. Any electronic mail coming through a GPEM address that has no legitimate return electronic mail contact for the sender, or shows no sign of being addressed to the GPEM address and/or receiver; can attract a tracing fee of US$57.00, can be treated by the owner as unsolicited advertising electronic mail, and may encumber the sender with additional contractual obligations to the owner. By publishing any GPEM addresses under any circumstances, the owner is in no way consenting to having the address in question listed in any advertising database or list used for sending malicious and/or advertising material.

The owner may sell the rights to an assigned electronic mail address belonging to the owner for listing in a single advertising database for $US95.00 setup fee and US$57.00 per subsequent year, plus US$1.90 in royalties on every copy of said database that is sold. However, advertising material received at said electronic mail address prior to the publisher's possession of proof of payment for this service, will place the publisher and the advertisers in breach of every applicable part of this license and encumber the publisher and the advertisers with all the applicable obligations outlined in this license.

Policy Governing Private Use:

Non commercial disclosure of any GPEM address is permissible provided that the individual making the abovementioned disclosure is not causing a nuisance to the public, is not violating the owner's Copyright or Trademark rights (see below) and accepts the conditions of this license.

Policy Governing Academic Use:

Individuals may feel free to cite the particular GPEM address associated with a newsgroup posting, mailing list article, or public forum discussion; provided that the address cited, is only cited either on the original forum where the address in question was found published, or on any other forum, as part of an article that is primarily concerned with the topic wherein the address in question was found published. All virii, worms, trojans, phantoms, etc. sent against any GPEM address are subject to billing for cleaning of these electronic forms of graffiti. See Electronic Vandalism below.

Policy Governing Commercial Use:

Legitimate commercial electronic mail is strictly between consenting parties. This includes any electronic mail that conforms to the "General Policy" requirements outlined above AND whose primary purpose is not advertising. Advertising material may be sent provided that the sender has proof of solicitation by the owner, or has otherwise purchased the rights to an assigned electronic mail address from the owner, for the purpose of advertising throughout the owner's organisation.

Illegitimate commercial electronic mail includes all unsolicited advertising electronic mail and any electronic mail with virus, trojan, worm, or phantom attached. By sending malicious and/or unsolicited advertising material to a GPEM address, the original sender is agreeing to pay the owner US$10.00 per malicious and/or unsolicited advertising electronic mail plus US$10.00 per kilobyte of said electronic mail, for machine time and associated maintenance and management. The use of worms and virii to propagate malicious and/or unsolicited advertising electronic mail from computers not owned by the advertiser is a common practice. In the event that the author of such a worm or virus is identified by police, said author shall be held responsible for all outstanding commercial fees under this policy that apply to malicious and/or unsolicited advertising electronic mail propagated by the virus or worm in question. Owners of GEPM addresses are urged to initiate class and/or civil action against any person positively identified as the original sender of malicious and/or unsolicited advertising electronic mail.

The owner may sell the rights to an assigned electronic mail address belonging to the owner for listing in a single advertising database for $US95.00 setup fee and US$57.00 per subsequent year, plus US$1.90 in royalties on every copy of said database that is sold; or for an amount set by the owner. However, advertising material received at said electronic mail address prior to the publisher's possession of proof of payment for this service may constitute a theft of this service, and will place the publisher and the advertisers in breach of every applicable part of this license and encumber the publisher and the advertisers with all the applicable obligations outlined in this license.

Electronic Vandalism:

As a public entity, the owner is obliged to maintain an immaculately clean operating environment. The owner will endeavour to recover any applicable damages from convicted virus, worm, trojan and phantom authors as follows. The annual cost of the virus scanner in use, all applicable operating system and hardware repairs resulting from the malicious code, in addition to the commercial fees specified in the "Policy Governing Commercial Use" above and all legal fees and costs associated with collection and/or civil/class action thereof.

Collection Costs:

As a public entity, the owner is obliged to maintain an immaculately clean operating environment. The owner will endeavour to recover any applicable damages from convicted virus, worm, trojan and phantom authors as follows. The annual cost of the virus scanner in use, all applicable operating system and hardware repairs resulting from the malicious code, in addition to the commercial fees specified in the "Policy Governing Commercial Use" above and all legal fees and costs associated with collection and/or civil/class action thereof.

Machine Time Theft:

Machine Time is a commodity involving the consumption of computer clock cycles, electricity and internet bandwidth that belongs exclusively to the purchaser. Malicious and/or unsolicited advertising electronic mail sent without proof of consent constitutes an act of theft of aforesaid machine time. However small this act of theft may be, it costs the community billions of dollars every year. This activity is no less dishonest than skimming the half cents from everyone's bank account, nor is it any less dishonest than posting your own advertisement to billboard space that someone-else has already paid for, and then refusing to pay the owner. GPEM addresses are fully commercial facilities with a price and conditions attached to the outside use of machine time. A condition of using GEPM addresses is that by sending any electronic mail, the sender is agreeing to abide in the conditions outlined in this license. The owners of GPEM addresses will vigorously petition to have identified machine time and advertising thieves prosecuted for theft.

Copyright:

Copyright may or may not be applicable to email addresses and attached conditions under copyright law as legislated from country to country. Electronic mail addresses are unique, and may owe a great deal to the creativity of the owner. As such, this license treats all electronic mail addresses as items subject by copyright to the owner's terms and conditions of use. Wherever this is not supported by applicable law, copyright of electronic mail addresses takes on a special and separate definition from applicable law and is thus limited in scope to the application of this license. It is the intention of this license to assign all the rights applicable to works of intellectual property under the Australian Copyright Act to GPEM addresses for the purpose of establishing an alternative avenue of control and preservation of the ongoing viability of GPEM addresses.

In accordance with the immediately preceding paragraph, the owner reserves copyright over her/his GPEM addresses by virtue of first use. In particular, the copyright of GPEM addresses in the absence of a complete copy of these conditions or clear and direct reference (Being: http://www.fieldcraft.eu/GPEMC.shtml) is reserved by the owner as these conditions are an essential part of the information that must be provided by the GPEM address. Where use of any electronic mail address at and/or derived from a GPEM address is publicly listed without verifiable consent, the owner may consider legal action to recover losses incurred as a result of copyright violations defined by this license. Said violation excludes "fair use" such as the publication of any GPEM addresses provided that the GPEM address published is the same as one already documented with verifiable consent on a public forum and that said publication does not occur outside the forum in question without abiding strictly within the topic of the original publication.

However, the publication of GPEM addresses in advertising databases without an attached and complete copy of these conditions or clear and direct reference (Being: http://www.fieldcraft.eu/GPEMC.shtml) is neither academic nor representative and so does not constitute "fair use" as cited above and could be considered fraudulent. Therefore, copyright violation is considered by this license to include without limitation the publication of any GPEM addresses for the purposes of advertising. It is a condition of this license that copyright violators, by violating GPEM address copyright under this license, agree to remit to the owner, the sum of US$5,000.00 plus all outstanding and ongoing, unrecoverable fees and debts assigned by this license to untraceable advertisers and/or advertisers beyond the legal reach of this license that have occurred as a result of the copyright violator's actions.

The owner reserves copyright and all other rights to all material sent by the owner via a GPEM address. Distribution of such material without the owner's consent that does not qualify for "fair use" may constitute a violation of copyright that the owner will follow up. Fair use under this license is based on that defined under the Australian Copyright Act, subject to the following qualifications. Material intended for publication, is anything that is deliberately sent by the owner of the GPEM address that applies, to a newsgroup, mailing list, or any list of recipients greater than two who do not have in place any agreement defining public and private material. All other material is considered to be protected by copyright.

Trademark:

The owner reserves trademark for all her/his GPEM addresses by virtue of first use. Where use of a GPEM address is made for the purpose of passing off, or for any other form of identity theft; the owner will consider legal action to recover losses incurred as a result of trademark violations.

Reputation:

The owner has the basic human right to maintain a professional and dignified reputation that shuns any association (implied or otherwise) with advertisers who send malicious and/or unsolicited advertising electronic mail. Any identity theft involving passing off of the owner's reputation during malicious and/or unsolicited advertising electronic mail campaign will be treated by the owner as libel. Furthermore, publication of any GPEM addresses on advertising lists held for sale to the public without inclusion of the full text of this license is fraudulent by virtue of the misleading nature of such an act, and furthermore may also be treated by the owner as a libel on the grounds that said publication without disclaimer is a written assertion about the owner, so published without the consent of the owner.

License Copyright:

FieldCraft reserves all rights to all parts of this license and any part of this license in absence of any other part of this license may not be published nor distributed without prior written consent from FieldCraft subject to fair use but excluding from fair use any misleading representation as a further condition of this license. The license in its legal entirety is declared, subject to the above provision, public domain; and may be distributed and published freely only in its entirety and without modification. FieldCraft encourages all internet users to act on the vision embraced by this license to protect themselves from the criminals who send malicious and/or unsolicited advertising electronic mail, virri, worms, trojans, phantoms or conduct any other malicious internet activity.

Any suggestions would be greatly appreciated, as FieldCraft will alter this license and the General Public Electronic Mail License from time to time in order to strengthen the impact and legality of the provisions herein.