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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