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From: decwrl!well.sf.ca.us!well!mingo@uunet.uu.net (Charles Hawkins Mingo)
Newsgroups: comp.dcom.telecom
Subject: Re: Don't Pay For Slamming
Message-ID: <15458@accuvax.nwu.edu>
Date: 17 Dec 90 23:04:16 GMT
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X-Telecom-Digest: Volume 10, Issue 885, Message 7 of 10


In article <@accuvax.nwu.edu> jgd@convex.csd.uwm.edu (John G. Dobnick)
writes:

>ehopper@ehpcb.wlk.com (Ed Hopper):

>> These are ill-gotten gains.  [...]

>> [Moderator's Note: They may be 'ill-gotten gains' to the slamming
>> carrier as you point out, but your failure to pay *at least the amount
>> you anticipated paying for the call you placed* is an unjust
>> enrichment to yourself.  PAT]

>Why is "slamming" not considered, and treated, as theft?  

	Because AT&T doesn't "own" the right to do business with you.
(No property right --> no theft.)

>While I tend to agree that the caller owes *someone* for long distance
>service, it isn't Sprint.  

	At least you agree you shouldn't get service for free!  There
is a well-established contracts doctrine, known as quantum meruit,
covering exchanges of services in the absence of a contract.  For
example, if a doctor renders aid to an unconscious person, the
beneficiary of the aid must pay for the reasonable value of the
services received.  Somewhat closer to our case, if you had arranged
to have your gall-bladder removed by Surgeon X, and (owing to hospital
oversight) it was removed by Surgeon Y, you would still have to pay Y
for her services.  Paying Surgeon X for an operation performed by Y
would only shift the unjust enrichment, without paying the person who
did the work. 


Charlie Mingo			Internet:  mingo@well.sf.ca.us 
2209 Washington Circle #2	mingo@cup.portal.com Washington, DC
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