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Microsoft Wins $3.95 Million from Spammer

LehiNephi writes "A Washington, D.C. judge fined Daniel Khoshnood, a major spammer, for pretending to be Microsoft in order to attract customers. Specifically, he registered windowsupdate.com (not to be confused with windowsupdate.microsoft.com), then sent out mass email encouraging users to download a toolbar from that website. Although the suit was not specifically about spamming, the mass emails (and subsequent complaints) were what caught Microsoft's attention. So far, Microsoft's campaign against spam has netted them $54 million from six judgments, one dismissal, four settlements, and two bankruptcies. The article doesn't mention whether the toolbar actually lived up to its claims of automatically applying security patches."

49 of 169 comments (clear)

  1. I have to say... by xigxag · · Score: 4, Insightful

    It seems rather dumb of MS not to have registered windowsupdate.com in the first place.

    --
    There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
    1. Re:I have to say... by KI4BBO.org · · Score: 4, Funny

      yep, thats what I was saying, but now it belongs to them.. so I guess alls well that ends well :)

      --


      _____
      Josh Powell - www.ki4bbo.org
    2. Re:I have to say... by betelgeuse-4 · · Score: 5, Insightful

      Most companies probably don't want to go down the route of registering all the keywords related to their business to stop third parties abusing the fact that the words are well known and recognised. If they did then scammers would use mispellings and 1337 variations, it could cost quite a bit to register all of them. For MS it's possibly easier to take just to take legal action when abuses do occur.

    3. Re:I have to say... by arvindn · · Score: 5, Funny

      I'm not at all surprised by that, considering that Microsoft can't even remember to register their own domain names ;-)

    4. Re:I have to say... by PatHMV · · Score: 3, Insightful

      It would "cost quite a bit"? Do you understand how much money Microsoft has? Do you understand how expensive their lawyers are? They could register 10,000 domain names with a fraction of the interest they make on their money in an hour. I really don't think the expense is why they didn't do it.

    5. Re:I have to say... by Anonymous Coward · · Score: 5, Informative
      This article seems to be mistaken. The domain ownership for windowsupdate.com, according to NSI (no link to their evil whois-substitute), is:
      Microsoft Corporation
      Carolyn Gudmundson
      One Microsoft Way
      Redmond, WA 98052
      US

      Other articles on this story say that the spammer used the domain windowsupdatenow.com, which is owned by:
      Windowsupdatenow
      8975 hoello
      brazil city, brazil none
      BR
    6. Re:I have to say... by TheGavster · · Score: 5, Funny

      Registering a domain name is negative money. Letting someone else register it and then suing them is positive money. You might even be able to get the domain thrown in with the settlement.

      --
      "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    7. Re:I have to say... by 0WaitState · · Score: 2, Funny

      They did register windowsupdate, but did it on RealNames(tm).

      --

      Remain calm! All is well!
    8. Re:I have to say... by NanoGator · · Score: 3, Insightful

      "For MS it's possibly easier to take just to take legal action when abuses do occur."

      At $8 bucks a domain, MS would have been ahead to register those domains compared to the cost of one court case.

      On the other hand, though, they did send a message to other domain squatters out there. Like or hate MS, that was a good move.

      --
      "Derp de derp."
    9. Re:I have to say... by Orick · · Score: 2, Funny

      It was actually windowsupdateNOW.com.

      Of course, it is interesting to see a bunch of slashdotters actually taking a pro-microsoft stance on something. Must be getting pretty chilly for the devil about now...

      --
      Dust Devil Reviews

  2. Re-distribute the cash? by FyRE666 · · Score: 5, Interesting

    Obviously it'll never happen, but it would be nice if all the proceeds of these victories against the scumbags were given to anti-spam projects and organisations to develop more robust hosting (to deflect spammer/virus author DDOS attacks) and improve the filtering software. It would also really annoy the spammers to see such projects getting massive cash injections ;-)

    I recently added rbl support (spews and spanhaus), spamassassin and the mimedefang milter to our company incoming mailserver and it's REALLY making a difference! Since I have a corpus from hundreds of people too, the bayesian side is already extremely good. It still lets the odd scam through, but being a company I can't afford to block anything by accident.

    1. Re:Re-distribute the cash? by Myrmi · · Score: 5, Funny

      "Microsoft has recently won a large lump sum of money from a spammer, and is redistributing the money to customers who may have been affected by his spam. In order to claim your money, forward this email to ten of your closest friends within the next 15 minutes"

      --
      "I think everyone is an agnostic but just doesn't know" - Frazz
    2. Re:Re-distribute the cash? by leeward · · Score: 2, Informative

      I would guess that the claim Microsoft's campaign against spam has netted them $54 million from six judgments is likely false. They may have been awarded $54 million, but collecting is always another matter. I would not be surprised if the total collected is just in the thousands. And that likely is less than the legal costs, meaning their net is probably a negative number.

      Of course, that is pure speculation. I have no facts to back it up. But then again, this is /.

  3. "Microsoft Wins $3.95 Million" by Anonymous Coward · · Score: 5, Funny

    Talk about conflicted. I'm not sure who to root for. Did the spammer use Linux?

    1. Re:"Microsoft Wins $3.95 Million" by vadim_t · · Score: 2, Insightful

      I'd say neither.

      Remember, the enemy of your enemy is not always your friend.

  4. How do we feel? by Ensign+Regis · · Score: 5, Funny

    So, what do you do when evil is fighting evil?

    1. Re:How do we feel? by Biogenesis · · Score: 2, Interesting

      A house can not survive if it is divided within itself, only good can come of this.

  5. The secret formula! by MavEtJu · · Score: 5, Funny

    1. Write a popular mail client which automatically executes arbitrary code.
    2. Sue the people who hijack PCs via the above mentioned mail client.
    3. Profit!

    The enemy of my enemy is my friend...
    I feel confused.

    --
    bash$ :(){ :|:&};:
    1. Re:The secret formula! by the_mad_poster · · Score: 4, Insightful

      What the hell are you talking about? If you'd bothered to open up the article and, you know... READ it, you'd see that 1) they "profited" because this idiot registered a domain name in violation of their trademark and 2) there was no hi-jacking - the moron "victims" had to download the toolbar entirely of their own cognition.

      I don't know what this has to do with any mail client other than the fact that the guy happened to be sending e-mails for his little scam...

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
  6. Re:This is helping them more than most of their pr by Vlad_the_Inhaler · · Score: 4, Interesting

    While I have not RTFA here (hell, this *is* /.), I would also have tended to want to side with the Redmond lot on this one.

    Registering a website with that name so he could send spam, he deserved all he got. What Microsoft do with the money is another matter.

    This is an example of what I would consider fair use. Not sure that they have updated it in the last 10 years though :-)

    --
    Mielipiteet omiani - Opinions personal, facts suspect.
  7. A suggestion by lxt · · Score: 4, Funny

    As one of those who reported this to Microsoft, perhaps I should get some of the settlement? Don't suppose that's likely though...

  8. Classic dilemma by Alien54 · · Score: 4, Funny
    punishing spammers = good!
    rewarding Microsoft = bad!

    why am I so split over this?

    [set headbangmode = 1]

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:Classic dilemma by johannesg · · Score: 2, Funny
      This is definitely good. I mean, I hate Microsoft as much as any slashdotter, but once their Windows and Office monopolies disappear under a flurry of penguins (nasty stab wounds from those beaks, btw, but I digress) I wouldn't really want to see all those poor, misguided souls who work for them to lose their jobs. So maybe this is a first step towards a new, gentler (unless you are a spammer) Microsoft, one that is appreciated and praised by all (except spammers) for providing a vital public service. The new Microsoft, Guardian of the Network, Defender of Standards, and Tireless Destroyer of Software Patents and Copyright Extensions! They'll even have their own Linux distribution (Linux XP?) and GPL all of their current Windows source!

      Of course, until that day comes, feel free to continue bashing them. I know I will ;-)

  9. So what? by Saeed+al-Sahaf · · Score: 4, Interesting
    Like all fines that criminals get, this one will make little difference, and Microsoft will never collect.

    These law suites are good for victim satisfaction, but will not stop spammers, and in both the large and small of things really have no effect at all on spam.

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  10. This has very little to do with spam. by ezraekman · · Score: 5, Insightful

    While I think it's great that yet another "identity thief" (sort of) has been busted, this does little to stem the flow of spam. What we truly need are more cases that are strictly based on the sending of unsolicited commercial e-mail. We've got some great and not so great legislation out there to protect us... why aren't we using it? Because it costs too much?

    And yes, I know that there have been a few landmark cases recently, but a few big falls aren't going to convince spammers as a whole to stop spamming. An concerted effort to shut them down via thousands of small lawsuits from you and I would be much more likely to have an effect, in my humble opinion.

    1. Re:This has very little to do with spam. by pilkul · · Score: 2, Insightful
      Internet Explorer. IIS. Exchange Server. The Swiss cheeses of the Internet.

      Sendmail. WU-FTPD. BIND.

      I mean, not that I'm a fan of Microsoft, but aren't you being a little selective in your choices of hole-riddled software?

  11. cash? by davids-world.com · · Score: 3, Interesting

    i am wondering if that means that M$ is actually getting those 3.5 million bucks from him, or more than 50m$ from all the spammers.

    Did the guy keep a couple of millions in the attic, just in case? Or is he broke, struggling to pay his lawyers..?

  12. /. moral dilemma by thecombatwombat · · Score: 4, Funny

    In other news, SCO wins $699 from Satan, Lord of Lies.

    Yep.

  13. Microsoft wins settlement by ekstasy · · Score: 4, Funny

    "In normal times, evil should be fought by good, but in times like this, well, it should be fought by another kind of evil." ..Come on, I had to.

  14. Re:Well, now we know why they're interested by Zocalo · · Score: 5, Interesting
    How did this spammer, or any other spammer, directly hurt Microsoft?

    Well Microsoft does get to pay Hotmail's bandwith bills, email storage costs, and employ people to deal with abuse reports? Don't forget that they also get to deal with all the spam that is undeliverable, bounced, or dropped by user's filters etc. Per individual spam, Microsoft may well be paying less than a recipient, but there is definitely a very real price tag attached.

    Unfortunately however, under CAN-SPAM, only ISPs and not end-users can use the legislation to go after spammers through the courts. As the owner and operator of Hotmail that would naturally include Microsoft. Of course, the statement that the actions has "netted them $54 million" means the courts have awarded them that much, they will actually see far less of it than that.

    It would certainly be nice if Microsoft (and others in a similar position) would make at least a token contribution to the anti-spam groups out there. Spamhaus operates almost entirely on contibutions and sponsorships, Spamcop has a legal defence fund, Spam Assassin is now under the auspices of the Apache Foundation... the list goes on.

    --
    UNIX? They're not even circumcised! Savages!
  15. Re:Am I my keeper's brother? by minas-beede · · Score: 5, Informative

    It's unclear what you mean, but have you seen:

    http://www.proxypot.org/ ?

    They don't sue the people (yet), but they do try to get ISPs and LEAs interested in the evidence collected. Often the ISP approac succeeds. It is also useful to create a list of ISPs who will not act on abuse reports.

    As a bonus, none of the spam that the spammers try to send through them reaches any victim.

    For this approach "popular mail client" is meaningless. Spammers don't start with a list of mail servers, they start with the IP address space and go looking for abuable servers (for proxypots the abusable entities are open proxies.) What is run doesn't have to be a real MTA (or real proxy server), just look enough like one that the spammers accept it as one. For the cleverer spammers it is useful for it to look exactly like some historic abusable MTA, like many of the earlier versions of Sendmail. Whether you need to gear your attack to defeating the cleverer spammer isn't known, but it's probable that you can have a huge effect just by going after the dumbest spammers (that's a big group.)

    It shocks me that (1) so many people don't know how spammers operate and (2) so many of those who do know (that is, recognize that spammers have to look for systems to abuse) never seem to be able to grasp the importance of that knowledge. It's like knowing a burglar favors basement windows but doing nothing to set a trap for a basement window burglar - just bitch about all the people with insecure basement windows. Stake out a few basement windows and some evening soon you may be face-to-face with he burglar. Stake out a few IP addresses and some time soon you may gather information that leads directly to the spammer's IP address. Poof! There went the supposed anonymity.

  16. Re:Well, now we know why they're interested by Anonymous Coward · · Score: 2, Insightful

    Give me a break. $54 million is pocket change to Microsoft, and there's nothing "quick" about our legal system.

    Internally, spam hurts Microsoft as much as it hurts any other company that depends on email for their day-to-day operations. Externally, it makes Hotmail and MSN email accounts much more expensive to provide.

    No doubt Microsoft is not acting solely for the public benefit -- I'm sure they're seeking some good PR from their campaign against spammers. But to ascribe their actions entirely to greed and to say spam doesn't hurt Microsoft is asinine.

  17. Someone was also using exploits in their name by Greyfox · · Score: 3, Interesting

    My room mate put a fresh windows install on the Net and had the RPC service exploited within minutes, with a dialog directing her to that site to pay for an "update" which would "fix the problem." It also installed a variant of some worm or other with some nasty back doors, which subsequent virus scanning and firewalling took care of. Nice to see Microsoft nail this asshole's hide to the wall, even if it's just a tiny grain of sand in the beach.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  18. Well.... by CrazyTiger · · Score: 3, Interesting
    Microsoft is overreacting.I don't care if they hate canned meat,that doesn't mean they can sue those who make it.Next thing you know,they'll be suing grocery stores for selling Macintosh apples!

    *mumble*Idiotic food bigots*mumble*

  19. Toolbar... by ideatrack · · Score: 5, Informative

    The article doesn't mention whether the toolbar actually lived up to its claims of automatically applying security patches.

    No but from this article on The Register:

    "In reality, the toolbar loaded a utility called called BrowserAid/QuickLaunch which bombarded users with random, unrequested pop-up ads."

  20. Two faced...? by Whatthehellever · · Score: 2, Interesting

    Ya know, as much as the /. community dosen't like Microsoft empire for one reason or another, this is one victory we can all applaud.

    Strange, isn't it?

    --

    ---
    IMHO, of course.
    May the SOURCE be with you.
  21. when will we take security seriously? by fermion · · Score: 3, Insightful
    This stuff is partially the fault of the big companies. In this case MS has been harking on users for years that they must update computer the minute patches come out. They harangued customers that did not properly update machines, blaming such customers for all problems. However, they have only recently given consumers the tools needed to easily update their machines, and then only if the customer has broadband. This left a wide hole for someone else to exploit the fear. Fear that was created because MS chose to blame customers. This was especially true when update were erratic and most more common that today. The design on Windows led to the exploits. All MS had to do is take a bit more responsibility for their design decisions.

    I have noticed this with bank websites as well. When online banking first grew big, I got an email survey that asked for personal information and led me to a third party site. I asked the bank if the survey was legit and they said it was. More recently the bank started letting users log in from an unsecured home page. Passwords seem to be protected, but we now have introduced a system in which users are accustomed to submitted sensitive information on unsecured pages. This habit can only benefit the crooks. I mean the latest exploit, involving ads on bank pages, should have been identified early as a security risk. I guess the risk to customer was less than the greed of the banks.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  22. Re:No, he used BSD. by Quattro+Vezina · · Score: 2, Funny

    I guess that it's not dead after all...

    No, he uses BSD, so his business is dying.

    --
    I support the Center for Consumer Freedom
  23. Actually, they did... by MadAnthony02 · · Score: 4, Informative

    Windows Update is owned by microsoft - in fact, it is one of the URL's that the blaster worm DOS'ed.

    According to this register article that someone posted, the website that the spammer registered was windowsupdateNOW.com

    1. Re:Actually, they did... by WuphonsReach · · Score: 2, Interesting

      bloody annoying, as I typo that from time to time at work, when building PCs. We don't build them often enough to justify mucking about with an internal mirror.

      Which is a good argument for companies to use sub-domains rather then registering top-level domains willy-nilly.

      It's a lot harder to get hijacked if you mistype "windowsupdate.microsoft.com" as "windows-update.microsoft.com". So long as Microsoft maintains careful control over their top level DNS server.

      It's just a pet peeve of mine from the Internet "gold rush" days where every application from a single company suddenly got it's own top-level domain. When configuring whitelists (e.g. adding sites to the trusted zone in Internet Explorer, or other apps), it's a lot nicer to be able to say "*.intuit.com" rather then having to deal with "*.inuit.com", "*.quicken.com", "*.turbotax.com".

      Sure, if you want to register "*.quicken.com", that's fine, but it should've redirected to "quicken.intuit.com".

      (sorry, just venting)

      --
      Wolde you bothe eate your cake, and have your cake?
  24. That patch bar by thephotoman · · Score: 3, Funny

    "The article doesn't mention whether the toolbar actually lived up to its claims of automatically applying security patches."

    If it really did, Microsoft would have a fit! Either that, or it'd automatically download and install the Linux distro of the writer's choice.

    --
    Haec merda tauri est. Ceterum censeo Carthaginem esse delendam.
  25. The phony update site is still up. by Animats · · Score: 2, Funny
    The site is still up. Why didn't the court order it taken down? See WindowsUpdate.com.

    WARNING - do NOT click on the link above if you are running Microsoft Internet Explorer with Active-X controls enabled.

    1. Re:The phony update site is still up. by morzel · · Score: 3, Informative
      The site is still up. Why didn't the court order it taken down?
      Because it actually is microsoft's?
      The guy used windowsupdatenow.com. for his toolbar. (It's in the article... nkay?)

      Those who're running IE with active-X controls enabled should click on it... Perhaps get some more holes fixed :-)

      --
      Okay... I'll do the stupid things first, then you shy people follow.
      [Zappa]
  26. Not really... by PatHMV · · Score: 2, Informative

    In most states in the U.S., there are only very few types of cases where the courts allow the prevailing party to recover attorney's fees from the losing party... which is assuming that Microsoft would prevails in every case, and would never have to eat a whole lot of attorney's fees in a losing case. Also, MS would not be able to recover the costs it incurred sending executives to depositions, having its executives keep track of the case, etc. Moreover, it is not going to be able to recoup its customer support costs and loss of good will (yes, MS does in fact have some with the general public) from customers who forgot that the site they needed to go to was windowsupdate.MICROSOFT.com instead of just windowsupdate.com, and then got screwed. Those costs alone far execeed the amount of money it would take to reserve 10,000 domain names.

    1. Re:Not really... by betelgeuse-4 · · Score: 2, Interesting

      Yes, but would those costs also exceed the money for 10,000 domain names + $3.95million. Also, they have to be the right 10,000 domain names. If they miss just one that's close enough to the real thing, a scam site could still be set up and the lawsuit option would be required. How much does it cost to work out the thousands you need to register and be confident you haven't left any out? You get customers who will be tricked into getting their 'updates' from fortunecity.com/members/microsoft/ or 80.123.45.67, their good will will be lost and lawsuits will be required.

  27. Question by srenker · · Score: 5, Funny
    Microsoft Wins $3.95 Million from Spammer

    Did they click on the blinking monkey?

    --
    My new /. login is fabu10u$.
  28. Vouchers by Beige · · Score: 2, Insightful

    Maybe they should pay the fines in vouchers for spam. That's how microsoft likes things isn't it?

    --
    pandnotpian.org. The untruth will set you free!
  29. No, this and things like it will help by Sycraft-fu · · Score: 2, Insightful

    Remember: Spammers are completely financially motivated. The reason they do what they do is because they can make easy money at it. Well, the biggest way to reduce the amount of SPAM is to make it less profitable. We cannot, unfortunately, stop idiots from bying from spammers. What we can do, however, is raise the cost of spamming through fines and lawsuits.

    If spammers are getting sued and arrested left and right, and loosing all their ill gotten gains from it, makes it much less likely they'll go back in to spamming in the future, and less likely that others will go in to it.

    This is different than drugs, because in the case of drugs, the dealers are providing something that people WANT to get. They want it to the point of paying an obscene amount for it, thus demand stays high. People DON'T want SPAM. Generally even those that buy form it don't want it, they are just gullible. So people will not seek out SPAM or pay obscene amounts for it.

    Thus if SPAM is a risky bussiness where one faces lawsuits, fines, and jail time, it is less likely that people will do it. It won't eliminate it, of course, you never eliminate something by making it illegal, but it can and will reduce it. Combine that with better SPAM filtering technology, which means less e-mail will reach potential buyers and again reduce profitability, a real dent CAN be made.

    The "we can't do anything so we might as well give up" attitude is stupid. Applied to all crime, you have anarchy. You can't PREVENT things by making htem a crime, that is impossible. You can REDUCE them, however, and that is worth doing. Just because murder happens I don't think you'll hear anyone saying we should make killing people legal since the law hasn't stopped it from happening.

  30. Daniel Khooshnood by dynamo · · Score: 2, Informative

    I worked for this guy for a few months. He is the most disreputable excuse for a human being I've ever had the misfortune to know. I was young and stupid and I worked on a verbal contract through a friend who worked for him directly, and an assumption of trust once I got past a few paychecks. My huge mistake. He kept asking me to give him time, and by the time I broke down and refused to work for him anymore until I got paid, he owed me 8.5 thousand dollars. I was broke at the time and couldn't afford the time or money to sue for what was mine, especially without a written contract. My mistake in trusting him singlehandedly ended my consulting career.

    This guy uses obviously program-generated lists of emails to basically spam every possible email address in several popular domains - aol, hotmail, etc..

    In case anyone wants to discuss his case,
    His cell phone number is (or at least used to be) 818-516-3999.
    His work phone number is (or at least used to be) 800-516-3999. I believe the phone was answered as "mainstream advertising".
    His email was dk@global2000.com, but I doubt it's still the same.

    I have a bigger grudge against DK than anyone. It is thrilling to hear of MS's victory in this case. it's nice to hear of them doing good for once!

    Anyone else out there know him? I know from friends that I am far from the only person who he screwed over.