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Spammers Sue Spamee

Posted by samzenpus on from the read-it-or-else dept.

sebFlyte writes "In an interesting take on the law, some (alleged) spammers are suing some poor chap who got them blocked by ISPs due to the fact they kept sending him spam. According to Spamhaus the company doing the suing is on their books as spammer, and also as a spyware company... If this case goes the wrong way, things could get very sticky for anyone wanting to report spam."

3 of 453 comments (clear)

  1. Can Spam Act as defense by fembots · · Score: 5, Insightful

    This is a serious problem. Lawyers/spammers are now citing CSA, and as long as they're following that ACT, it will be legal.

    However, it doesn't matter if spamming is legal or otherwise, this is just another example of rich people's law.

    If this spammer is doing reasonably well, he might just have enough money to drag on. This will have a big impact on the victims, because even if you're rightfully entitled to complain about a spammer, you would now have a second thought if you have enough money to defend yourself for few months, even if the outcome is in your favour.

    On a side note, the spamee, Jay Stuler is appealing for help from the public in fighting the suit and has set up a PayPal account to pay for his legal fees and is asking for donations. Maybe a bit of "email campaign" asking recipients to donate $5 and pass the email to 5 friends? :)

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    Rock that crushes, Paper & Scissors that don't matter.
    1. Re:Can Spam Act as defense by KiltedKnight · · Score: 5, Insightful
      If you can't lose, you should move immediately for the case to be dismissed as a frivolous lawsuit. If you have a reasonably wise and intelligent judge hearing the case, he'll look at it, agree, and throw it out. The judge would then warn the lawyer about bringing up frivolous lawsuits, potentially fining him for doing so.

      Perhaps he should look for a way to counter-sue on those grounds. He followed the law, made a simple request based on the TOS of the ISP, and he's being harassed with a frivolous lawsuit intended to seek damages for something he is not liable for.

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      OCO is Loco
  2. Does this case hold? by oskard · · Score: 5, Insightful

    If anything, they should sue the ISP, not the individual. Props to the ISP though for listening to the guy.

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    Sigs are for Terrorists.