Common Cause - Page 5




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          the mailing list industry and arranges its transactions roughly             
          on the same terms and conditions that are standard in the                   
          industry.                                                                   
               In a list rental transaction, the party (mailer) seeking to            
          send mail to the individuals or entities named on a list (mailing           
          list) pays the owner of the mailing list (list owner or owner)              
          for the one-time right to send mail to the named individuals or             
          entities.  If any of the named individuals or entities to which             
          the mailer has mailed responds to the mailing, the mailer then              
          "owns" that name and can continue to send that named individual             
          or entity additional mail.  If the named individual or entity               
          does not respond to the one-time mailing, the mailer may not                
          directly send mail to that named individual or entity again.                
          List owners "seed" their mailing lists with names and addresses             
          of their employees or of the employees of their list managers to            
          make sure that such unauthorized mailings do not occur.                     
               Petitioner's rental list is stored at Triplex Direct                   
          Marketing Corp. (Triplex), a professional computer service                  
          business that stores and maintains computer databases for mailing           
          lists.  From petitioner's rental list, Triplex produces a copy on           
          labels or magnetic tape for mailers.  Although petitioner has               
          used Triplex's services since the early 1980's, a written                   
          contract between petitioner and Triplex does not exist.  Triplex            
          corresponds with petitioner regarding the fees it charges for               





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Last modified: May 25, 2011