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.
it seems that now doing the right thing will get you sued, oh wait there's no suprise here.
Scott Richter's 32-employee firm [...]
Just out of curiosity, do Uzis jam or would one be better off reloading a trusty ol' six-shooter 5 times?
lighten up, it's a joke
Trolling is a art,
The law flat out says that he CAN SPAM. Say what you want about the guy, he's a big follower of truth in labeling....
Tthe key event is that when every you give your e-mail address to any site on the Internet you usually have the chance to opt in to getting commercial e-mail. Opt in with one of Richter's site, and just like the name of his company implies, you opt in REAL BIG to absolutely anybody who wants to Spam you via him. Oh, the dangers of leaving a pre-checked checkbox still checked when you submit the form.
Once you're caught in Richter's web, the only way out is to send an unsubscribe request email exactly the way that the CAN-SPAM says you should. Sure, responding to the unsubscribe link is a great way to get more spam from unethical spammers... but it's the only way to stop getting spam from a compling-to-the-letter-of-the-law spammer. He's untouchable, he'll plead guilty as charged to being scum... but he's breaking no laws.
SpamCop's free to spread its low opinion about OptInRealBig, but they have to be very careful they keep what they say in opinion territory. If SpamCop's willing to publish nameless acusations that OptInRealBig is sending e-mail to people who didn't really opt in, they'd better be sure those people have their facts straight. Richter's counter is that all these people really did opt in, they just don't remember when they did so. If they'd simply provide their e-mail address, Richter could likely tell them at what site and when they made their mistake of signaling that they were opting in, and if they've just send a proper e-mail to his unsubscribe address, he'll gladly unsubscribe them. But since they won't disclose their address, he can't do much for them.
Scott Richter
Phone number: (303) 550-9828(Daily Camera)
Email: scottrichter422@yahoo.com
Enjoy!
Unfortunately, they don't have way on their web site to get your email address off their "opt-in" email list.
So if you want to try and "opt-out", you'll have to contact them.
OptInRealBig contact info:
info@optinbig.com
phone: (303) 464-8164
fax: (303) 464-8218
1333 W 120th Ave
Suite 101
Westminster, CO 80234
Any questions regarding their Acceptable Use Policy should be sent to legal@optinbig.com
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?
.sig: file not found
The bright spot for me is that SpamCop must be putting some kind of dent in Richter's business if Richter feels like he's got to sue to make SpamCop go away.
Funny how the tricky guys are the ones who talk about using the legal system to "send a message" to anyone who might defy them.
PanIP, the RIAA, and Scott Richter all seem to be cut from the same cloth. Their message seems to be we may not be entitled to a dime but don't you dare defy us, or we'll press this lawsuit until you're bankrupt.
Just lovely having people like this around.
One quote from the article that made me laugh out loud was this one: Oh, yeah, I bet. If Spitzer wanted to settle for $100,000 and Richter turned him down, Spitzer would've dropped it, don't you think?
The other quote that gave me quite a chuckle was, "Messing with us is a big mistake." Oh, yeah, nothing hurts a state attorney general's re-election bid worse than the ill will of a notorious and unrepentant spammer.
You are in error. No-one is screaming. Thank you for your cooperation.
Richter claims that because the complaints fail to identify the original email sender, Optin cannot comply with the CAN-SPAM ACT, which requires the sender of an email to remove the address of any person who does not desire to receive any further email.
In Soviet Russia, the spammer complains about forged headers.
...police find Scott Richter's body in a shallow grave with a single can of spiced ham?
I'm certainly not suggesting anyone should initiate such action.... but if you already have, how much longer do we have to wait?
Sincerely,
- The General Public, xoxo
Both his arguments, and yours, are completely fucking specious.
I keep a few email addresses around on various sites. One of them is literally present on only ONE site in the world, and it's in white text on a white background, with a disclaimer "this email address is a spam honeypot, don't send email to it" in text right next to it.
That address STILL gets Richter's spam-crap. Just like every other spammer out there, he's a liar, a thief (ripping off the people paying him to advertise), and deserves to be gotten rid of.
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.
The Bad: A useful and honorable service is being sued and will have to waste resources defending themselves.
The Good: You can get a clean shot in front of the court house.
Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
Final Postgraduate CS Exam, Exercise 11 (Extra Credit): Design a new computer network, or a compatible retrofit for the existing Internet, that continues to express the priciples of transparency, open access, Free Speech, and anonymity-by-default while at the same time being resilient and resistant to intelligent sociopaths (both human and automated).
Schwab
Editor, A1-AAA AmeriCaptions
Or heck, even if he doesn't really have a bigger penis, he certainly has bigger balls than anyone would have expected!
File under 'M' for 'Manic ranting'
Well, not quite ...
People - the constitution regulates what government can do -- not what private individuals (or /. editors) can do.
How does the Slashdot Effect happen given that no slashdotters ever RTFA?
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?
c 4c01.como m
g eekpost.com
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
bluerocketonline.com
ss01.net
dfmmb.c
ew01.com
ss01.net
tekmailer.com
moosq.com
Microsoft sues the US DOJ , Nigeria sues the Better Business Bureau, and the US sues the rest of the world, all for defamation of character.
CAn'T CompreHend SARcaSm?
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.
It's part of their FAQ. Hee hee
Guess someone took 'em up on it...
As of 12:49 PDT, his email address is
email: scottrichter423@yahoo.com
Oh wait, now it's
email: scottrichter424@yahoo.com
Seriously, this email address is a complete waste of time. Do you really think there are 421 other users of Yahoo email that are also named Scott Richter? The second that address gets more than ten spams per day I guarantee he'll abandon it.
My amazing wife - Artist, Author, Philosopher - Laurie M
Richter: Gasp!
"I don't think it's selfish, to eat defenseless shellfish." -NOFX
Sueing because SpamCop damaged his company's reputation?
That's like saying a whore's reputation was damaged because someone said she's a whore...
Enron sues the United States Government for damages.
Claims they wouldn't have gone bankrupt if not for government interference in their accounting.
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.
Gentoo Sucks
I love this part:
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.
Yeah, yeah, there are "legitimate uses" for this thing. Right. Sure.
Even worse, they have a "Bonded Sender program, under which spammers pay a fee to Ironport to bypass spam filters. They charge a fee of $20 for each complaint, but allow one free complaint per million spams. They're vague about what a "complaint" is, and admit they don't use "AOL complaints". They may be counting only complaints that reach abuse@bondedsender.com. Since they don't require that mail be marked as "approved by BondedSender", few people know how to complain. And they don't disclose their complaints, or who's in the "Bonded Sender" program.
They're trying hard to insure that all the major anti-spam systems are hardwired to let their spam through. They have patches for all the major spam detection programs. The patches bypass all other spam checking if the source IP address has the DNS record that says it's listed with BondedSender. Now you understand why they bought SpamCop.
A useful check for mail programs is to check the BondedSender whitelist, then run a conservative Bayesian spam filter on the content. If BondedSender says it's not spam, but the spam filter says it is, ship it off to the BondedSender abuse address. Definitely do this for honeypots. Any BondedSender mail that shows up at a honeypot should be reported on NANAE. That will help track how much, or how little, Ironport is really enforcing their rules.
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
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Cuterteen.com
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Dailypornbox.com
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Darknspicy.com
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Eatmypussyright.com
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Ebumfights.com
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Ejackolate.com
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Funamateur.com
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Funcheerleaders.com
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Funwithpee.com
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Hotterass.com
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Hugermelons.com
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Itoonsex.com
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Lesbianssizzle.com
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Moreropes.com
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Oralwonders.com
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Orgyfilms.com
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Outsidevoyeur.com
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Peeperdorm.com
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Pillsofpleasure.com
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Realbigerotica.com
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Realbigfetish.com
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Realbigsex.com
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Seducewomennow.com
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Sexierstories.com
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Sexyanalteens.com
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Sexylegssexyfeet.com
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Sexyyoungstuds.com
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Smallnsexy.com
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Youngerasian.com
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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.Never email donotemail@WeAreSpammers.com
In a loser-always-pays system, if he sues them and fails, he loses big, so he can't risk suing them even when he's right, because he doesn't have the resources to be 99% sure of beating them, and he knows that they can generate near-infinite legal costs that he'll have to cover. This seriously chills lawsuits by little guys against big companies.
In today's system in the US, he can risk suing them, because if he does at least a halfway-adequate job of making his case, the judge probably won't award legal costs to the winner. On the other hand, if he does try a case that's obviously pretty bogus and frivolous, he'll probably have to pay their legal costs, unless his case is _so_ bogus that it gets thrown out very early in the process, long before getting to trial.
Bill Stewart
New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks