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Judge Rejects Guilty Plea From AOL Employee

The Hobo writes "Newsday has a story on a New York judge who rejected Jason Smather's guilty plea. Smathers, covered previously on Slashdot, was the AOL employee who stole and sold AOL addresses to spammers. The judge himself apparently cancelled his AOL subscription due to receiving too much spam. While he didn't like what Jason did, he wasn't convinced a crime had been committed under the CAN-SPAM law, which requires that a person be deceived."

14 of 231 comments (clear)

  1. Ding! by Asshat+Canada · · Score: 5, Funny

    You've got Bail!

  2. Stealing is not a crime? by toupsie · · Score: 4, Funny

    Didn't the guy steal millions upon millions of AOL Screen Names and fence them? Isn't that covered under the STEAL-SHIT Act? Can I guarantee a reservation in his court? I have my eyes on this Porsche.

    --
    Strange women lying in ponds distributing swords is no basis for a system of government.
  3. Re:But will he be charged with theft? by Anonymous Coward · · Score: 0, Funny

    No, he COPIED a list of email addresses. That is not theft, it is piracy, and only if those email addresses constitute a copyrighted work.

  4. Re:But will he be charged with theft? by TummyX · · Score: 4, Funny


    Copyright is evil. Information wants to be free. Something about beer. Let the guy go! blah blah blah
    </range>

  5. Judge had AOL by Collision891 · · Score: 1, Funny

    The judge used to have AOL, how much could he possibly know about this topic?

    1. Re:Judge had AOL by ScrewMaster · · Score: 3, Funny

      Yes, but on the other hand he had the good sense to get rid of it. That's probably more than a lot of judges can say.

      --
      The higher the technology, the sharper that two-edged sword.
  6. Re:Theft / Invasion of Privacy by Anonymous Coward · · Score: 2, Funny
    I dont use AOL and have never used AOL
    How are you posting this then? Wha...
  7. Re:But will he be charged with theft? by TummyX · · Score: 3, Funny

    whoops, xml error, i know. i'm used to writing range tags.

  8. Re:But will he be charged with theft? by Anonymous Coward · · Score: 2, Funny

    > he's charged with "conspiracy and interstate transportation of stolen property"

    The actual charge: "conspiracy to conspire and interstate a conspiracy for the electrical transportation of privately owned copyright protected electronic Internet based material constituting a conspiracy to interstate the committal to infringe laws defined by copyright infringement laws on the electronic Internet network, on Mondays, after 15:00 but not later than 17:00"

  9. Well what do you know... by MXK · · Score: 3, Funny

    ...reverse psychology does work!

  10. Howl! Gnash! by TiggertheMad · · Score: 3, Funny

    He stole a list of e-mail addresses. Isn't that theft?

    No, the **IA is EVIL! It's a backup copy! I bought it several years agon on vinyl, and so I am entitled to a space shifted copy! It isn't theft, because they still have a cop-

    WAITAMINUET! I'm sorry. I didn't know that this was a story about spammers...

    KILL the spammer! They are bandwidth thieves, stealing a 'commons' from all of us! This guy is a THIEF, he took a copy of a private list! Publish his address someone, so I can mail him a sack of POOP!

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
  11. Re:Shouldn't he recuse himself? by KinkifyTheNation · · Score: 0, Funny
    Yeah. Can you say, "Microsoft Antitrust lawsuit"?
    Microsoft Antitrust Lawsuit.
  12. Re:Shouldn't he recuse himself? by Anonymous Coward · · Score: 1, Funny

    "I'd rather sit through pages of beowulf-clustered, linux-running insensitive korean clod jokes in soviet russia than read another damn "can you say X" line."

    Can you say "thin skin"?

  13. Re:Does not compute by jrockway · · Score: 2, Funny

    First, kill someone. Then run a red light while disposing of the body. :-)

    --
    My other car is first.