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To: David Lawrence who wrote (5946)	6/18/1999 1:10:00 AM
From: The Philosopher	Read Replies (1) \| Respond to of 32912

See: Message 10170654

To: David Lawrence who wrote (5946)	6/18/1999 1:23:00 AM
From: Gary Korn	Respond to of 32912

David, Hi, and best to you. Not to debate the SI non-solicitation commitment here and the language you quoted, suffice it to say that commitment plainly is violated with the Datek placement (call it whatever you like). If Go/SI structured the Datek banner (supposedly unobtrusive) as it did to try to cutely step around the contract it made with its users, I can tell you from experience that a whole lot of judges and jurors would not take kindly to such a tap dance. But I'm just relaying my two cents based on my experiences. Anyway, even if "bombarded" were the operative word (and it is not, for it is not even in the second sentence you quoted), I'm confident that there would not be a shortage of SI users who would testify that they do in fact feel "bombarded" by the Datek banner because the darn thing hits that user in every message he or she reads. I certainly feel bombarded now that I see the darn thing in every message. Anyway, I can just see the great gobs of attorneys' fees that could be spent litigating away the day and night on the issue of "bombardment"! Gary Korn