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by yebyen 4402 days ago
It's really just posturing; hypothetically, going with your example you don't send those letters because you want or expect to get $500,000 from each uninvited guest, you send them because when you find the intruders on your property unauthorized you're going to be able to fire a round into the air and tell them "this is your second warning".

The goal is to get them to leave, or to never even come. Unless you were really trolling for $500,000. To part with that example, the law in question here specifically regarding inboxes requires opt-in, so only providing an interface to opt-out is directly against the law.

There is definitely no compatible land-owner analogy: if you greeted people at the border of your property and made them sign a declaration that they would pay you $500,000 for this temporary use of your property, you might have a case. They opted in.

I have a harder time imagining a judge who would see it your way when "you spent the $200 million required to reach every person and you said very clearly, 'your presence on my property constitutes acceptance of these terms,' so by law you should get the $500,000."