Comment Number: 516736-00069
Received: 6/27/2005 2:12:19 PM
Organization: Business Software Alliance
Commenter: Jennifer Blank
State: DC
Agency: Federal Trade Commission
Rule: Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act
Docket ID: 3084-AA96
Attachment: 516736-00069.pdf Download Adobe Reader

Comments:

In summary, BSA respectfully requests that the FTC clarify that e-mail notices of copyright infringement or unauthorized use outside the scope or extent of a valid license do not constitute commercial e-mail and, therefore, do not fall within the scope of CAN-SPAM. Alternatively, we recommend that the FTC find that the transactional or relationship message exemption applies to copyright infringement notices, thereby providing relief from several compliance requirements such as the inclusion of an opt-out mechanism in the body of an e-mail message. Please refer to the attached document for BSA's full comments.