Domain: barbieslapp.com
Stories and comments across the archive that link to barbieslapp.com.
Stories · 6
-
Court Renders $3 Judgment Against Spamhaus
www.sorehands.com writes "Back in 2006, e360Insight and David Linhardt obtained an $11.7M judgment against Spamhaus, an international anti-spam organization. The judgment was subsequently appealed and reduced to $27,002. That judgment was appealed yet again, and the appeals court has now vacated the earlier number and entered a judgment against Spamhaus in the amount of $3. (Yes, three dollars.) As you may recall, e360's oral arguments for the latest appeal were not well received by the court." The ruling itself is a fairly entertaining diatribe about how e360 shot itself in the foot repeatedly and with enthusiasm throughout the case, and contains gems like this: "By failing to comply with its basic discovery obligations, a party can snatch defeat from the jaws of certain victory." -
A Spamming Attorney Gets Sentenced To 40 Months
www.sorehands.com writes "While one spammer, Robert Soloway, gets released on probation, the Feds send another, Robert Smoley, to the slammer for 40 months. I know about Smoley because I tracked him down, and beat him in court. Not only was he an attorney, he still has not lost his license, yet. The IRS contacted me as a result of seeing my web site, and I gladly assisted the IRS in tracking his business. He not only bounced a check on me, but stiffed his local counsel and one of his ISPs." -
A Spamming Attorney Gets Sentenced To 40 Months
www.sorehands.com writes "While one spammer, Robert Soloway, gets released on probation, the Feds send another, Robert Smoley, to the slammer for 40 months. I know about Smoley because I tracked him down, and beat him in court. Not only was he an attorney, he still has not lost his license, yet. The IRS contacted me as a result of seeing my web site, and I gladly assisted the IRS in tracking his business. He not only bounced a check on me, but stiffed his local counsel and one of his ISPs." -
1st Trial Under California Spam Law Slams Spammer
www.sorehands.com writes "In the first case brought by a spam recipient to actually go to trial in California, the Superior Court of California held that people who receive false and deceptive spam emails are entitled to liquidated damages of $1,000 per email under California Business & Professions Code Section 17529.5. In the California Superior Court ruling (PDF), Judge Marie S. Weiner made many references to the fact that Defendants used anonymous domain name registration and used unregistered business names in her ruling. This is different from the Gordon case, where one only had to perform a simple whois lookup to identify the sender; here, Defendants used 'from' lines of 'Paid Survey' and 'Your Promotion' with anonymously registered domain names. Judge Weiner's decision makes it clear that the California law is not preempted by the I CAN-SPAM Act. This has been determined in a few prior cases, including my own. (See http://www.barbieslapp.com/spam for some of those cases.)" -
Spammer Bankrupted by Anti-Spammer Suits
www.sorehands.com writes "The well known spammer Scott ("Snotty Scotty") Richter has filed for bankruptcy protection. In a Denver Post article Richter claims to have less than $10 million in assets but more than $50 million in debts including the $49 million that Microsoft is seeking. Microsoft is not the only lawsuit that Richter is defending, as a law suit filed by anti-spammer Dan Balsam and being handled by anti-spam attorney Timothy Walton is still pending. Hopefully, Microsoft will have the automatic stay from the bankruptcy court dissolved so that they can stop Richter from spamming and gather more evidence." -
Intel v. Hamidi Oral Arguments
www.sorehands.com writes "This morning, the California Supreme Court heard oral arguments in the case of Intel v. Hamidi. This is a case where Ken Hamidi, an ex-employee of Intel build a website that complained of Intel's employment practices and sent emails to all of Intel's employees. Intel tried to block Hamidi's emails, then Intel filed a lawsuit for several claims including tresspass to chattel." ess' to the server and the first ammendment." Read on below for a few more notes from Mr. Hands about the Hamidi case (mentioned on Slashdot a few times before). Update: 04/03 00:56 GMT by T : That should be "Hamidi" throughout, not "Hamibi.""Intel argued that Hamidi's sending the email disturbed the employees and interfered with their business. causing lost productivity.
Hamidi argued that Intel only complained because the the content. That Intel dropped the nuisance claim because Intel would have had to argue the content and that Intel could not file a libel claim, where did not dispute the truth of the statements in the email or the website.
This case will set the lines of control for one's own servers. From the spammer's claims that if you are on the internet, they have full rights to hijack servers and fill your mailbox with viagra offers, to the ability of an ex-friend filing a lawsuit when you asked for the $20 that they borrowed.
I spoke with Hamidi, and he takes the position that if you have email, then you are agreeing to accept non-commercial email because of the 'public access' to the server and the first ammendment."