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Microsoft Files 15 Lawsuits Against Spammers

Popsikle writes "A Seattle Paper reports that 'Microsoft Corp. announced it has filed 15 lawsuits against alleged e-mail spammers in Washington state and the United Kingdom on Tuesday.' It states the tough anti-spam laws in UK and Washington allows ISP's to sue spammers. This could be a good test of the new anti-spam laws." There's coverage on CNN as well. Microsoft has picked a good venue for such a case.

46 of 392 comments (clear)

  1. Gorilla Against Spam!! (GAS) by jkrise · · Score: 5, Insightful

    It's amazing how while suing spammers and getting all the good PR, MS is
    also blocking anti-spam legislation.
    http://www.bayarea.com/mld/mercuryne ws/business/61 13665.htm

    "We have personnel around the world engaged in those battles, and we are tapping that expertise and working with these people to fight spam as well." Can't they do the simple exercise of examining their own user's spam - hotmail users can give billions in a day.

    If hotmail users could even get $5 per spam, they'd be richer than Tiger Woods.

    --
    If you keep throwing chairs, one day you'll break windows....
    1. Re:Gorilla Against Spam!! (GAS) by ScuzzMonkey · · Score: 4, Insightful

      I don't know that it's that amazing. You can put it off to the usual M$ perfidy if you like, but there are a lot of people who don't like spam who also don't want to see e-mail legislated into the ground by elected officials who don't really know what they are dealing with. I am not familiar with the specifics of the California bill, but it sounds from the link you posted as though it could put a cork in a lot of legitimate e-mail, too. I like the Washington law better, the one that Microsoft is suing under.

      --
      No relation to Happy Monkey
    2. Re:Gorilla Against Spam!! (GAS) by jkrise · · Score: 3, Interesting

      " I like the Washington law better, the one that Microsoft is suing under."

      Why? 'Cos the ISP (Internet Spam provider) gets to sue on your behalf (the user) and reap profits? Is spam is so inevitable and untracable, why not allow users to profit from it; if at all they succeed in tracking the source.

      There's more to this than meets the eye, surely.

      --
      If you keep throwing chairs, one day you'll break windows....
    3. Re:Gorilla Against Spam!! (GAS) by Ethidium · · Score: 4, Insightful
      From the link you posted:

      im Cranton, Microsoft senior corporate attorney, said the company sought to distinguish between deceptive and fraudulent e-mail ads and those by legitimate businesses.

      ``We don't think all commercial e-mail should be banned,'' he said. Microsoft favors self regulation by the industry ``to establish standards that can evolve over time,'' he said.

      I think this is reasonable. The big difference is that when legitimate businesses are sending me unsolicited email, I can click the "remove" link with confidence that I will be removed, not sent more spam. That, and unlike "Enlarge your member!", and porn spam, I'm not going to get in trouble at work for accidentally looking at the Palm Voice in a shared office.

      --
      \
    4. Re:Gorilla Against Spam!! (GAS) by Anonymous Coward · · Score: 5, Interesting

      Bullcrap.

      Just look at K-Mart for a great example of this -- I have yet to get them to remove one of my forwarding aliases from their stupid system.

      Why? Some idiot manager bought a cd of 5 million emails to add to their "Bluelight CRAP" email book. One, of course, was the harvested alias of mine.

      So, I called them. Told them in no uncertain terms to take that off.

      "But sir, why don't you just send the unsubscribe from that email account?"

      It's a fucking forwarding alias. I CANNOT SEND MAIL FROM IT. Therefore I never opted in. But K-Mart won't unsubscribe without an email specifically from that address.

      We went back and forth on this for about 15 minutes. I asked for the manager of their phone bank for the email division and got him. He denied ever doing something like that. Then he told me straight-out that only by sending an email to them could I have gotten subscribed in the first place so obviously I had opted in and could opt out the same way.

      He's obviously a fucking liar and DID buy a scavenged email CD from someone, or else they did a web harvest themselves.

      Don't kid yourselves. You can't trust the unsubscribe from a so-called "legitimate" business any more than you can the one from the spammers.

    5. Re:Gorilla Against Spam!! (GAS) by Eccles · · Score: 5, Funny

      There's more to this than meets the eye, surely.

      You may be right, but don't call me Shirley.

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    6. Re:Gorilla Against Spam!! (GAS) by Build6 · · Score: 4, Interesting

      (a) everyone hates spam
      (b) MS has the legal resources to really have a go at the spammers (and at the least make sure they get a lot of publicity about it)

      Even if they lose, MS will be able to file their legal expenditures under "usefully spent money" in terms of the good publicity they'll buy re: the average joe on the street (and if they win they'll get the PR for free since they'll be recouping $$). All of a sudden they'd no longer be a corporation whose executives were repeatedly caught out prevaricating during their last trial, but instead a corp taking action to help everybody... .

    7. Re:Gorilla Against Spam!! (GAS) by Ethidium · · Score: 5, Insightful

      >It's a fucking forwarding alias. I CANNOT SEND MAIL FROM IT.

      Yes you can. Just about any mailer lets you set the "from" address to whatever you want.

      >He's obviously a fucking liar and DID buy a scavenged email CD from someone, or else they did a web harvest themselves.

      Unless somebody else opted in from your mail address. Or you accidentally entered it on a web form and forgot to uncheck the "opt-in" checkbox.

      This kind of ire and anti-corporate attitude is not in any way constructive. Big corporations are a permanent part of our economic system, and in many cases, provide useful goods and services that we all enjoy (major airlines, for instance). I'll be the first to admit that in some cases the corps well overstep their bounds and need to be put in their place (cf Microsoft, SCO, RIAA); but the vast majority of them are in it to make money, which they do best by serving the customer's interest. And when you have a personal problem with a corp, it usually doesn't mean the corp is bad, it means somebody isn't doing their job. Call customer service, write the CEO, and usually things work out in the end.

      If nothing else, when K-Mart spams you, you know whom to sue. The big problem with most spam is if you don't know where it's coming from, you're powerless to stop it.

      --
      \
    8. Re:Gorilla Against Spam!! (GAS) by Nato_Uno · · Score: 5, Informative

      Under the Washington law (Revised Code of Washington 19.190) both the end-user recipient and the "interactive computer service" that that recipient uses may sue the spammer. The "interactive computer service" is not suing on the user's behalf, but on their own behalf.

      And I think this is great, personally. If all major ISPs did this, SPAM load would go down significantly. Of course it wouldn't disappear completely, and the really tricky spammers would be trickier, but the overall load would certainly go down and the remaining SPAM would very likely be easier to block...

      --

      Have fun,

      Nathan 'Nato' Uno
      http://web.unos.net/
    9. Re:Gorilla Against Spam!! (GAS) by ScuzzMonkey · · Score: 3, Insightful

      Frankly, I like that it allows both. After all, it effects both, doesn't it? It may waste my time, but it takes up bandwidth and diskspace for the ISP. They should probably be allowed some remedy as well. Not to mention that an ISP probably has both more resources and a better idea how to go about pursuing a legal solution than the average end-user. The more people that can sue spammers, the better, no?

      But really, that wasn't what I was thinking of originally--I like Washington's law because it is less restrictive; as long as a piece of e-mail is clearly labeled and meets other requirements, it's not in violation. This will allow through some spam that California's law doesn't, sure--but it also means that if I want to individually (not en masse, mind you) cold-email a prospective client on a web design project, I don't have to worry about getting sued.

      --
      No relation to Happy Monkey
    10. Re:Gorilla Against Spam!! (GAS) by Kierthos · · Score: 3, Informative

      Ah yes, yet another clueless jackass who doesn't know exactly how the First Amendment works.

      To enlighten you would take far more time then I have. In fact, I suspect that the sun would go cold long before knowledge pentrated the thickness of your skull.

      So, simply put:

      The First Amendment, aka Freedom of Speech, only applies to the government attempting to abridge speech. If a ISP says "You can't send spam on our servers", then tough shit, cousin, it's not a First Amendment violation.

      Kierthos

      --
      Mr. Hu is not a ninja.
  2. Full list of charges including details by Wizard+of+OS · · Score: 5, Informative

    A full list can be found on microsoft's site:

    http://www.microsoft.com/presspass/press/2003/Ju n0 3/0617SpamEnforcementFS.asp

    </karmawhore>

    --

    --
    If code was hard to write, it should be hard to read
    1. Re:Full list of charges including details by Croaker · · Score: 5, Funny

      Ah, this page brought a smile to my face just by knowing that soon, a Google search for "beefupyourpenis.com" will probably lead to a Microsoft page.

  3. Microsoft? Spammers? by Anonymous Coward · · Score: 5, Funny

    But... who do we root against? If only Linus were somehow involved, it'd all be so clear!

    My brain hurts!

  4. ahhh crap...... by Lxy · · Score: 5, Funny

    We hate spammers.
    We hate Microsoft.
    Microsoft sues spammers.
    Dangit.

    --

    There is no reasonable defense against an idiot with an agenda
    :wq
    1. Re:ahhh crap...... by yatest5 · · Score: 5, Funny
      Linux: Telling Microsoft where to go since 1991

      Ha, that's like 'school nerds, telling high school jocks where to go since 1991 - "jocks, please go to the prom and screw the hottest chicks in school"'.

      --
      • Mod parent up! [a] by Anonymous Coward (Score:5) Thurs, June 31, @13:37
    2. Re:ahhh crap...... by TheDredd · · Score: 3, Interesting

      For the Microsoft haters out there:
      Microsoft files 15 lawsuits against spammers to preserve HD space on Hotmail servers, and to make a bit of money
      For the Microsoft lovers out there:
      Microsoft files 15 lawsuits against spammers to prevent their customers from receiving unwanted mail

    3. Re:ahhh crap...... by VCAGuy · · Score: 4, Funny
      At least my computer comes with documentation.

      On my first date with my girlfriend, I wore the shirt that said:

      $> man woman
      $> Segmentation fault (core dumped)

      ...the nice thing is that she actually got the joke!

      --
      Q: "Why do sound techs say 'check 1, 2'?"
      A: "Cause if they could count any higher they'd be lighting techs."
  5. This is a win-win situation! by Fefe · · Score: 4, Funny

    Let them sue until they die of old age!

    And this time I don't even care how much money is sunk into the greedy hands of their respective lawyers.

  6. Great but... by wiggys · · Score: 5, Insightful
    This is really great and everything, but they can only sue the spammers they can track down and identify.

    AFAIK, some spammers go to great lengths to keep their identities hidden (hi-jacking other people's computer systems etc) so although the threat of legal action will be a big deterrent there's always going to be spam unless we can come up with a technological solution to stop it.

    --

    Sorry, but my karma just ran over your dogma.

    1. Re:Great but... by Steve+B · · Score: 5, Funny
      although the threat of legal action will be a big deterrent there's always going to be spam unless we can come up with a technological solution to stop it

      True, but not particularly relevant. A convincing demonstation that spamming is likely to result in 2-5 years of testing the effectiveness of your cellmate's herbal Viagra and penile enhancement, won't deter everybody, but it will deter enough people to keep the bandwidth theft level down to something manageable.

      --
      /. If the government wants us to respect the law, it should set a better example.
  7. Yay for Microsoft! by JamesSharman · · Score: 4, Insightful

    I hope the Slashdot crowd shows a little maturity on this one. I dislike many of Microsofts tactics as much as the next man but in this case Iâ(TM)m rather pleased to see the might of their legal department behind something that could benefit us all.

  8. I'd love to see this trial in person by drgroove · · Score: 5, Funny

    Mainly just to see first hand an accused Spammer being cross-examined by a Microsoft Lawyer, dressed up in that stupid butterfly outfit...

  9. The cost of spam to MS by brucmack · · Score: 4, Insightful

    I wonder what cost spam has on MS itself... Think of all the resources on Hotmail that get taken up with sent and received spam... Surely it would add up?

    Then again, it might not matter to such a large company... but it's MS, there must be some monetary explanation for all this :)

  10. Re:Goodwill towards all by mbakaitis · · Score: 3, Interesting
    Knowing Microsoft and their ability to judge the return on any investment, I just can't see this as a credible reason for their action.

    More likely, they are doing it to reduce the amount of spam heading in towards Hotmail and their MSN services. The cost of managing this must be large and it may even be hurting them in the fight for the MSN-AOL user segment.

    In the long term, they may also be doing it as a good deal of spam is sent with their domain as a return address or with Microsoft trademarks in the subject line. As the spammers are trying to sell something, Microsoft may need to do something in order to show that they are protecting their trademarks...but IANAL, so this is speculation...

  11. Re:My Turn to sue! by Xugumad · · Score: 4, Insightful

    Oh no. No no no no NO. If someone spoofs millions of spams, coming from your e-mail address, and you end up being sued for vast amounts of money as a result, would you consider it fair? It is in no way Microsoft's fault that someone faked their address, and as such they shouldn't be sued for it.

    I'm not sure they should be suing for it, either, although I'm strongly of the opinion that pretending to be someone else, in whatever medium, should be illegal. I believe in the right to anonymity, not the right to tell everyone you're me!

  12. Physician, bite thyself by gosand · · Score: 3, Insightful
    AFAIK, some spammers go to great lengths to keep their identities hidden (hi-jacking other people's computer systems etc) so although the threat of legal action will be a big deterrent there's always going to be spam unless we can come up with a technological solution to stop it.

    Gee, you mean like producing a secure operating system and email applications? How funny would it be if it goes to court and the spammers had to testify how easy it was to hijack Windows systems.

    --

    My beliefs do not require that you agree with them.

  13. Just because there's a fight... by SpotBug · · Score: 5, Insightful


    Doesn't mean it has to be Good vs. Evil.

    Fights can be Evil vs. Evil, too.

    --
    cygnuhchur
  14. Microsoft DOES care by arth1 · · Score: 3, Insightful

    Of course Microsoft cares about the little guy. Or rather, about him and the billion other little guys with a few spare bucks in their wallets.
    The little guys impressions are important, as long as they add up and might seriously affect business.

    In this case, Microsoft is the biggest karma whore of them all.

    Regards,
    --
    *Art

  15. Lovely by ThunderRiver · · Score: 4, Insightful

    It is good to know that Microsoft is taking a major step forward to combat against Spam. We need more major corporate to do similar thing as Microsoft is doing right now. These corporates have enough power and money to deal with spam in a legal way. Of course, if the spammer chooses to send out junk through an SMTP server that's outside the US territory, there is nothing much we can do. It is sad, but I am glad Microsoft is taking actions! Go Microsoft!

  16. And Korean spam? by Groote+Ka · · Score: 3, Informative
    At least half the spam I get comes from Korean companies in Korea. When will I be freed from that spam? No US or UK law is going to change that, unless all e-mails from those IP addresses are blocked.

    So this ends up in the next global legislation mess: we all agree that we need global legislation, but the big fight is whether is will be US, European or one of the SE Asian.

    And this mess will only be solved when all governments have the same interests.

  17. Re:Microsoft? Spammers? by syle · · Score: 3, Funny

    Root for one well placed hand grenade during the proceedings.

    --

    /syle

  18. Re:Ok, Whatever by Utopia · · Score: 3, Informative

    You must have a easily guessable hotmail address.
    My hotmail username has a number & a special character in it. It has never recieved any spam in the 5 years that I have been using it.

  19. In other news today... by Noryungi · · Score: 5, Funny

    DEATH STAR (AP) 2003/06/18 --

    Darth Vader, Lord of Sith and Supreme Commander of the Imperial Fleet, has announced today his intention to sue Sauron of Mordor, the official "Dark Lord" of Middle Earth, for violating his Intellectual Property (IP).

    Darth Vader spokesdroid K4VC5 briefly commented to the intergalactic press: "Darth Vader is, most certainly, the original Dark Lord, and we feel that Sauron of Mordor, no matter how creative and evil, has no right to call himself the 'Dark Lord' of Middle Earth". He added that Darth Vader legal team would pursue damages worth "several billions" of Galactic Credits.

    Sauron, Dark Lord of Middle Earth, was unavailable to comment, but well-informed sources close to Mordor report that "his evilness" promised to rain death and destruction on the first legal storm trooper to ever set foot on Middle Earth.

    Darth Vader spokesdroid also confirmed that Lucifer, the star attorney of Mephistopheles, Baal, Satan & Associates Law Firm (LLC) has been retained to defend a case which promises to be one of the toughest legal fight in the history of Evil(tm).

    Lucifer first (and best known) legal battle involved the semitic God YHWH (pronounced: "Yahweh") for the control of the "Garden of Eden" real-estate property. That case was widely considered a draw, and was settled out of court.

    Dr Evil, widely considered as an authority on Evil(tm) only commented: "Bwa ha ha ha ha ha!", and declined to elaborate any further.

    That's all for business news. Film at 11.

    --
    The right to offend is far more important than the right not to be offended. (Rowan Atkinson)
  20. Why not make an ammendment to the MS EULA? by viper21 · · Score: 4, Insightful

    What stops Microsoft from appending some legal agreement in an EULA that specifies that their software can not be used by any individuals for the purpose of proliferating spam email. Define spam. Define a harsh penalty per email sent. Then try to enforce it.

    What might stop this from happening? Why wouldn't we make this a part of the GPL? I think everybody besides spammers hates spam, right?

    -S

  21. Re:What about MS by mosschops · · Score: 5, Informative

    Just this morning I got 5 emails from hotmail accounts asking if I wanted:

    Spammers fake the sender's address all the time. If you dug into the mail header details I'm willing to bet they didn't come from Hotmail servers.

    Try typing this in exactly as shown:

    telnet your.smtp.server 25
    HELO somedomain.com
    MAIL FROM:
    RCPT TO:
    DATA
    Subject: junk subject line

    junk body text
    .

    The blank line after the subject and the dot on the line by itself are important.

    Congratulations - you've just sent yourself a forged e-mail. Easy wasn't it? :-)

  22. Re:all the money in the world by letxa2000 · · Score: 3, Interesting
    There is currently about $675 billion dollars in U.S. currency in circulation. If U.S. currency is $675 billion I highly doubt the rest of the world has an additional 181.3 trillion dollars in circulation.

    The above link also states that more than half of U.S. currency is in circulation *outside* of the U.S., so there's less than $330 billion in circulation within our country. Amazing isn't it? No, that doesn't mean that Bill Gates has 20% of the nation's wealth. It just demonstrates how money is created by the banking system. There are those that misunderstand this process (or don't believe it, amazingly enough!) and state that for someone to become rich someone else has to become poor. Thanks to the banking system this is NOT necessarily the case and also explains why a $10 trillion economy can work with only $330 billion in currency.

  23. THIS IS NOT REASONABLE! by twitter · · Score: 4, Insightful
    M$ attorney is quoted:

    ``We don't think all commercial e-mail should be banned,'' he said. Microsoft favors self regulation by the industry ``to establish standards that can evolve over time,'' he said.

    and you think it's reasonable?

    It's typical duplicity from M$, "I won't let you do what I do, and that's how we make our money and bring you software that does what you wan." Microsoft has been trying all along to criple it's "client" machines so that they are dependent on Microshaft "server" machines and all dependent on M$. It does not do what I want it to and never will.

    Mass mailing is just one more instance of "client" gelding and they have media help for it. A lack of mail agents in M$ software is typical, where the free world has many such as Sendmail and Exim. Their intrests here line up with traditional publishers who wish to keep the playing field uneven. To bring this lack of mailing ability to free software, AOL/MSN and others have sucessfully threatened smaller ISPs to block both inbound and outbound port 25 traffic. Forcing a cable company to give up a competitive advantage like web and mail serving stinks like an anti-trust violation, but that's what a tech told me happend recently when I was forced to use their smtp server as a relay for the first time. The excuse given was to keep cracked M$ boxes from spamming, so M$ created the problem to begin with and the cracking spammers did not lack mail agents, and it's not likely to help. No other smtp server could be used but theirs, enabling Carnivore and censorship, disabling TLS and privacy.

    This is absolutely what the internet is NOT about. The internet is supposed to be a network of peer computers. There's not supposed to be central control or a difference between the ability of one computer and another. Microsoft never liked the internet anyway. They really hate free software that gives people ability that M$ doea not want them to have. Microsoft thinks it owns the internet and can make it into the next broadcast TV. They can, as long people think such things are reasonable.

    --

    Friends don't help friends install M$ junk.

    1. Re:THIS IS NOT REASONABLE! by Ethidium · · Score: 4, Insightful

      See also my other reply in this thread, about the nature of corporations.

      I'll be the first to admit that Microsoft has some nasty business practices that need to be stopped. That said, this DOES NOT MEAN that everything Microsoft does is inherently evil, just because they are Microsoft.

      As far as your comments regarding what "the internet is NOT about" and what "the internet is supposed to be," I would remind you that the internet is what it is. Technologies evolve, and the internet is probably the best example. The internet is a big enough place to accomodate peer-to-peer as well as client-server models.

      Being required to use your ISP's SMTP server is not a big deal. SMTP security helps fight spam, and really, one SMTP server is as good as another, as long as the mail gets where it's going.

      As a civil libertarian and a reasonable person, I respect your right to disagree with me. Please do so freely and openly, but understand that grandstanding and declaring that my speech will mean the end of the free world and the eventual domination of Microsoft is not constructive and serves only to weaken your point (good points stand on their own, without such outrageous claims stapled to them.)

      --
      \
  24. Because MS does not want to test EULAs. by fmaxwell · · Score: 4, Interesting

    What stops Microsoft from appending some legal agreement in an EULA that specifies that their software can not be used by any individuals for the purpose of proliferating spam email. Define spam. Define a harsh penalty per email sent. Then try to enforce it.

    Microsoft does not want to risk the courts ruling that EULAs are not legal, binding contracts. If Microsoft were to take that case to court, the spammer could challenge the legality of the EULA, showing that it was not signed, that there was no evidence that he read read or understood it, that the click-through agreement allowed him to click on "I accept" without even forcing him to scroll to the end of the document, that he clicked it in .5 seconds, which was inadequate to read the entire document, that he did not know how the scroll bars worked and thought what showed in the window was the complete agreement, that he purchased the computer with the software already installed and he never clicked "I agree" at any point, etc., etc., etc.

    There is a reason that the BSA and software companies take pirates to court for copyright violation rather than for violating the terms of the legally questionable EULAs.

  25. Re:all the money in the world by -brazil- · · Score: 3, Insightful

    That's the amount of cash in circulation, which is tiny fraction of the actual money in the US, let alone the world. Remember, money is a fiction, no matter whether it's given a physical representation or not.

    --

    The illegal we do immediately. The unconstitutional takes a little longer.
    --Henry Kissinger

  26. It's not PR, but it's not for goodwill either. by NYTrojan · · Score: 4, Insightful

    The idea that Microsoft is doing this just for PR is silly. The idea that Microsoft is doing this to make people happy is silly too. The fact of the matter is, MS, like any good company, is doing this for money. Spam costs them a LOT. The cost of spam is huge and it is rising. Email systems aren't free, and when 80 percent of what you have going is garbage, you could save a ton of cash if you could cut that out. I dislike MS as much as the next guy, but this is getting out of hand. Some of you think that MS doesn't do ANYTHING unless it is either evil or underhanded. Fact of the matter is they do what they do to make money. Sometimes that's good for us, sometimes it's bad.

  27. Re:Because MS does not want to test EULAs. by Sneftel · · Score: 4, Funny

    SECTION 4 - RESTRICTIONS ON USAGE

    You may not use it to send spam!
    You may not use it for a scam!

    --
    The opinions stated herein do not necessarily represent those of anybody at all. Deal with it.
  28. BBC2 'money programme' on spammers tonight by illtud · · Score: 4, Informative

    The BBC's The Money Programme are doing an edition on junk (postal) mail and spam tonight at 19:30 BST. The Money Programme tends to be fairly influential and usually has high journalistic and production values.

    If you're in the UK, or have access to BBC2 tonight, watch it!

  29. Rather 2-faced don't you think? by st0rmshad0w · · Score: 3, Insightful

    Aren't these the same people who won't actually sell your hotmail address but will collect and sell every none hotmail address that you send to or receive mail from?

  30. My head's gonna explode by SnarfQuest · · Score: 3, Funny

    MicroSoft: BOO!
    Spammers: BOO!
    Suing Spammers: YAY!
    MicroSoft sues Spammers: BOO!--no YAY!--no BOO!--no ka-poW!!

    I'm so confused...

    --
    Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.