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From: AMuzi <am@yellowjersey.org>
Newsgroups: rec.bicycles.tech
Subject: Re: Google Groups
Date: Wed, 10 Jul 2024 12:44:04 -0500
Organization: Yellow Jersey, Ltd.
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On 7/10/2024 12:30 PM, Zen Cycle wrote:
>> On Wed, 10 Jul 2024 15:19:46 GMT, Tom Kunich 
>> <cyclintom@yahoo.com>
>> wrote:
>>
>>> Here in California AT&T doesn't allow Eternal September.
> 
> There is a grain of truth here, but tommy - as usual - 
> doesn't get it.
> 
>  From https://www.eternal-september.org/
> 
> "As AT&T's fancy blacklist rejects mails from 
> Eternal-September.org (again), the following mail domains 
> can not be used for registration as we will not be able to 
> send you your access data:
> 
> att.net
> ameritech.net
> bellsouth.net
> pacbell.net
> prodigy.net
> sbcglobal.net
> snet.net
> "
> 
> It's AT&T email servers that blacklist ES, not AT&T in general.
> Tommy is using Yahoo as his email client. Yahoo is majority 
> owned by Apollo Global Management with a minority stake held 
> by Verizon. IOW - AT&Ts blacklist has no effect on a Yahoo 
> address event if AT&T is his ISP.
> 
> Tommy would be able to register with ES.org using his Yahoo 
> address, the problem is he can't figure out how to do it.
> 
>>> This forces you to use commercial services.
> 
> Other usenet services are private for-profit. They are all 
> "commercial".
> ES is a private non-profit _commercial_ service as defined 
> by the SCOTUS in a case called Tony and Susan Alamo 
> Foundation v. Secretary of Labor (1985) 471 U.S. 290, where 
> a commercial service is determined by a test of three 
> questions:
> 
> 1. Do the activities of the nonprofit serve the general public?
> 2. Does the nonprofit competes with other commercial 
> enterprises?
> 3. Does the nonprofit derives an unfair advantage over 
> others because it does not have to comply with Wage & Hour 
> Laws?
> 
> from 
> https://www.camft.org/Resources/Legal-Articles/Chronological-Article-List/are-nonprofits-commercial-enterprises
> (written by the legal staff at California Association of 
> Marriage and Family Therapists)
> 
> "in general, if a non-profit draws consumers from wide 
> swaths of society, and such consumers pay for services, 
> especially when some practitioners at the nonprofit charge 
> full fees for some of the work they do, it would likely be 
> difficult for the nonprofit to deny that it was a 
> “commercial enterprise.” On some level, it was competing 
> with other “commercial enterprises,” meaning private 
> practices, professional corporations, or even possibly other 
> nonprofits in the area. "
> 
> Very clearly, ES.org qualifies as a commercial service
> 
> 

+1 to all of that; well done!
-- 
Andrew Muzi
am@yellowjersey.org
Open every day since 1 April, 1971