Spammer Sues SpamCop

wolfgang writes "Just wanted to send you word that notorious spammer Scott Richter, President of Email marketing firm OptinRealBig.com, has filed suit against Ironport, which runs anti-spam site Spamcop. According to Richter, Spamcop's initiatives have damaged the reputation of his company. Richter filed for $1 million in damages. A similar suit one year ago, filed by Eddy Marin and his Florida-based Emarketersamerica.org against Spamhaus, was thrown out of court last October." We've mentioned Richter before.

Comments

Ironport

[macdaddy]

Well at least SpamCop can afford to defend itself now since it was bought by Ironport, a company that produces hardware that's designed to spam. Ironic really, biting the hand the feeds you.

Re:How can he hope to win this suit?

[LostCluster]

Isn't that a lot like suing the credit reporting companies because you went bankrupt and they put you on their "do not extend credit" list? You could call it "tortious interference" with your ability to get a credit card or a mortgage.

I think that's been tried many times and hasn't worked. Why would this?

Because the credit card company can show up in court with contracts that indicate you really did agree to pay that debt, and then you didn't. They can spread bad facts about you because they can bring supporting documents that stand behind those facts.

Unfortately... you can't exactly prove the negative that says you never did opt in to get Ricter's e-mails. In fact, if you're willing to give him your e-mail address, he'll gladly tell you when and where you agreed that he could send you e-mail about anything he wants to. And if you send him a proper unsubscribe request, he really will unsubscribe you.

One bullet-proof defense to all complaints of slander and libel is "It's true!". However, if you can't prove the truth of that statement, you're not going to get to use that defense.

Re:Subject of legality.

[Schmucky The Cat]

The first amendment has nothing to do with spam. My server, my mailbox, my private property rights. The legal term of art that defines spam is "trespass to chattel." Why your argument about first amendment rights continues to show up on Slashdot years after court cases based on private property rights were upheld is baffling. It's been wrong every day that Slashdot has an article about spam and it keeps being wrong.

Scott Richter is a moron and a liar

[Anonymous Coward]

Snotty Scotty was interviewed on the Daily Show. He claims to be a "high volume email deployer" and not a spammer. He also claims that "People look forward to receiving mail. They call us. Email us. 'We didn't get our offer today. What did we miss?' We're like calm down, it's coming. Ya know, people enjoy getting email about our via-gel. People enjoy getting email about our energizer." Piece of work, huh?

The best quote of the show is this one, though:
Daily Show: "Why do you think the government doesn't want you making $20,000 a day?"
Richter: "Well, that's simple. That's the easiest question there is. Because the US Postal service is saying 'Hey, we need help. We're getting killed here. This guy can send email. He's not wiping out the rain forest. So what are we gonna do with all these little white trucks? We either gotta get this guy to pay 37 cents and buy some stamps... or we're done.'"

Scott's OptInRealBig has spammed almost everyone I know. Noone opted in. Placing an email address on a website does not consitute opting in.

If you're using the Spamhaus SBL to block incoming mail connections, you're already blocking OptInRealBig. If you're not, you can filter on the following domains:

optinrealbig.com
cpaempire.com
optinbig.com
c 4c01.com
bluerocketonline.com
ss01.net
dfmmb.co m
ew01.com
ss01.net
tekmailer.com
moosq.com
g eekpost.com

Re:He CAN-SPAM... the law says so!

[Liselle]

He's untouchable, he'll plead guilty as charged to being scum... but he's breaking no laws.

Funny thing about Scott Richter, that's not true. To be crude: he's one of those people that thinks his shit doesn't stink. If you read any interview that he has done, he will repeatedly declare he is an "e-mail marketer", a regular hotshot internet entrepreneur. He's convinced himself he is a legitimate businessman. I suppose that's the only way a whackjob like Scott Richter can get to sleep at night.

Re:Where's my Opt-Out?

[ethx1]

Thanks for that info. I'll spam that email address and fax number and see how those bastards like it. I'll also get their phone number to a psychic hotline.

I read an article somewhere about faxing carbon paper (all black) continuously by taping 2 sheets of it together in a loop so it would go on and on and waste all their ink. hehe perfect time to try it. ;)

Re:This one makes me laugh and cry at the same tim

[LostCluster]

Richter's actually using a legal principle that the anti-SCO people are also using.

When somebody goes walking around spreading FUD against you, saying that you're breaking the law and are going to get sued... you can go to court and effectively file their lawsuit against you for them. You basically sue them seeking either the FUD-spreaders shutting up, or them actually filing the lawsuit and going forward with it.

Richter's claiming SpamCop's spreading FUD against him, the same way SCO is spreading FUD agaisnt Linux users... just because the majority opinion of somebody is low here at Slashdot doesn't take away their rights in court.

Re:Subject of legality.

[cmowire]

The problem is that even non-commercial spam falls into the "fire in a crowded theater" category of when free speach doesn't hold. That is, because it's been growing nearly-unchecked, it has the real possibility of destabilizing networks and causing a flood of traffic that is still filtered out.

Well, that, and commercial speach isn't free speech. Really, people misinterpreting the whole freedom-of-speech issue is one of those things that makes me want to cause bodily harm.

Really, this case has nothing to do with the legality of SPAM. SpamCop is listing OptInRealBig because it falls within their definition of Spam, not because it is illegal. This is no different than somebody suing the BBB because they have a bad record with them.

From the suit

[eaolson]

A copy of the suit can be found here

I love this part:

OptIn is in the business of sending email advertisements to consumers who ... indirectly subscribe by giving their express or implied consent through visitation to various websites.

Yup, you heard the man. Just visiting a website is enough to consent to receive spam. What these "various websites" are, or how a website determines a visitor's email address is left as an exercise for the reader.

By reading this post, you give your implied consent for me to hit you in the face with a cream pie.

Richter's Domains and the Ukranian Connection

[Dynamoo]

One main hub of Richter's empire is CPAempire.com - compare this with SPAMempire.com. He has a subsiduary, Blue Rocket Media, which appears to operate waaay offshore in the Ukraine.

Blue Rocket Online Media
Rus Penkatar
Alekseeva Str 29
Kharkov, Petra 61009
+3.80577036200

For a "legitimate" outfit, he sure operates some dodgy sounding domains:

• Allchickswithdicks.com
• Bumfightsonline.com
• Cuterteen.com
• Dailypornbox.com
• Darknspicy.com
• Eatmypussyright.com
• Ebumfights.com
• Ejackolate.com
• Funamateur.com
• Funcheerleaders.com
• Funwithpee.com
• Hotterass.com
• Hugermelons.com
• Itoonsex.com
• Lesbianssizzle.com
• Moreropes.com
• Oralwonders.com
• Orgyfilms.com
• Outsidevoyeur.com
• Peeperdorm.com
• Pillsofpleasure.com
• Realbigerotica.com
• Realbigfetish.com
• Realbigsex.com
• Seducewomennow.com
• Sexierstories.com
• Sexyanalteens.com
• Sexylegssexyfeet.com
• Sexyyoungstuds.com
• Smallnsexy.com
• Youngerasian.com
• Youngervirgins.com

If you're interested in seeing Richter squirm, check out this thread at Abestweb where Richter and one of his sidekicks desperately try to convince affiliate marketers that OptInMyArse.com is a legit business operation. An amusing read.