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Spammer Bankrupted by Anti-Spammer Suits

www.sorehands.com writes "The well known spammer Scott ("Snotty Scotty") Richter has filed for bankruptcy protection. In a Denver Post article Richter claims to have less than $10 million in assets but more than $50 million in debts including the $49 million that Microsoft is seeking. Microsoft is not the only lawsuit that Richter is defending, as a law suit filed by anti-spammer Dan Balsam and being handled by anti-spam attorney Timothy Walton is still pending. Hopefully, Microsoft will have the automatic stay from the bankruptcy court dissolved so that they can stop Richter from spamming and gather more evidence."

25 of 475 comments (clear)

  1. Go Microsoft by Cerberus911 · · Score: 4, Insightful

    This time microsoft deserves our support. It's time to go with the lesser of two evils :)

    1. Re:Go Microsoft by oliverthered · · Score: 5, Insightful

      especially when it's often holes in Windows that are exploited so send out the spam.

      --
      thank God the internet isn't a human right.
    2. Re:Go Microsoft by ScentCone · · Score: 4, Insightful

      Perhaps all of the responses about the lesser of two evils still being evil are missing the point. There's nothing evil about shutting this clown down. It's a blow for our ability to constructively use the 'net when (rich!) loser scammers hawking V1@gra see it all come down in a stinking pile around them. Good riddance, and thanks, Bill, for using that army of retainer lawyers in this way.

      --
      Don't disappoint your bird dog. Go to the range.
    3. Re:Go Microsoft by MindStalker · · Score: 3, Insightful

      Hu? He went to court and was found guilty. Yes there are appeals going on, but don't say he wasn't proven guilty of anything.

    4. Re:Go Microsoft by diamondsw · · Score: 4, Insightful

      This is why we we HAVE situational ethics. Sure, Microsoft, on the whole, is worse than a spammer. However, in this case they are fighting on our side; i.e., against spam. Unless you're completely irrational, then yes, Microsoft is the lesser of the two evils here.

      --
      I don't know what kind of crack I was on, but I suspect it was decaf.
  2. I guess it may not be that profitable by bblazer · · Score: 5, Insightful

    If this holds it may begin to show that the profits from spamming are just too risky, and others may not wish to try it. On the other hand, bankruptcy is often just a shield to protect assets. Maybe with a combination of civil and criminal action we will one day see a reduction in spam.

    --
    My .bashrc can beat up your .bashrc!
    1. Re:I guess it may not be that profitable by Golgafrinchan · · Score: 4, Insightful
      It would be nice, but I think it's unlikely.

      Tomorrow's spammer will be much more sophisticated, both technologically and when it comes to the law. Tomorrow's spammers will know the tricks around the CAN SPAM act and whatever else the governments of the world throw at them.

      Why? Because IF they are able to operate within the rules of the law, they can make money. People keep spamming because other people keep clicking on the ads. Spammers won't stop until people stop clicking on the ads!

      Think about the war on drugs. It'll never end until either the government gives up, or demand for drugs decreases substantially. Same thing here.

      --
      My userid is prime!
  3. Re:Random Commentary by DaHat · · Score: 4, Insightful

    The general difference between commercials on free tv and spam online is that spam online does not go to pay for the programming or content you are seeing.

  4. That's the problem by FiReaNGeL · · Score: 4, Insightful

    Even when lawsuits are successfull, they just go bankrupt. Some may even be intelligent enough to hide some money for later...

    As long as stupid people buy their stupid crap, theyll continue. Lawsuits or not.

  5. Re:Random Commentary by Anonymous Coward · · Score: 3, Insightful

    That's a retarded argument.

    Once you start getting free internet service for putting up with spam, come see me.

    That's not even mentioning the tons of other issues surrounding the shady tactics used by spammers. Sender address spoofing, compromising MTAs so they can use them to spam, sending porn advertisements to childrens email addresses just to name a few.

    Legitimate business you say? Where?

    The spam I don't have an issue with is from websites I actually use or have bought products from, that use real addresses that I can opt out of when I no longer wish to see their specials.

  6. Re:Greed always takes them down. by Anonymous Coward · · Score: 5, Insightful

    Yeah, and look at you wanting a free iPod and FreeGamingSystems.

    You are a hypocrite.

  7. Dissent by m50d · · Score: 4, Insightful

    I know many here will be cheering, after all it's an evil spammer, but does this strike anyone else as being scary? Yes he's broken laws and done bad things, we suppose, but does he really deserve to owe $49 million? And how much of that is from legal costs rather than straight fines? If he did wrong and has been convicted he deserves to be punished, but the legal system as it stands can bankrupt an innocent all too easily.

    --
    I am trolling
    1. Re:Dissent by Guppy06 · · Score: 3, Insightful

      "Yes he's broken laws and done bad things, we suppose, but does he really deserve to owe $49 million?"

      That's the question the courts are there to answer. They say "yes."

      After all, how much as MSFT spent to try to protect their own networks from such messages?

      "If he did wrong and has been convicted he deserves to be punished, but the legal system as it stands can bankrupt an innocent all too easily."

      You're no longer an "innocent" if you've been proven guilty already.

    2. Re:Dissent by Tom · · Score: 4, Insightful

      but does he really deserve to owe $49 million?

      Absolutely. By any estimate, that's a fraction of the damage he has done to the public at large.

      --
      Assorted stuff I do sometimes: Lemuria.org
  8. Lawsuits are not a good business tool by ites · · Score: 5, Insightful

    Although it's tempting to cheer as Mr Richter is beaten down by the weight of Microsoft's legal muscle, I have severe misgivings about this.

    First, corporations should not be attempting to lay down the law. The legality or not of spamming is for the State to decide, and there should be criminal prosecution of those who break the law.

    When corporations can turn the law to their advantage, they will inevitably attack the real threats to their business - competitors.

    Second, criminalising spam (or bankrupting spammers through civil suits) will only drive spammers to work outside the reach of the US courts. While US spammers can reasonably be expected to evolve over time to collaborate with their host society, foreign spammers don't have any incentive to (e.g.) refuse to promote child snuff porn.

    Lastly, spam is a problem that will, eventually, go away by itself. Yes, I actually think this. There will come a time when people say, "of course you could send a million unwanted emails, but who would be so stupid?"

    Spam is unsolvable by technical means, and it's unsolvable by legal suits, civil or criminal. It will disappear when the Internet has matured to the point where business is more than a one-shot affair, and tit-for-tat becomes the rule, not the exception.

    So when the school bully picks on someone you don't like, don't cheer. Next time it'll be you.

    --
    Sig for sale or rent. One previous user. Inquire within.
    1. Re:Lawsuits are not a good business tool by Elwood+P+Dowd · · Score: 3, Insightful

      First, corporations should not be attempting to lay down the law. The legality or not of spamming is for the State to decide, and there should be criminal prosecution of those who break the law.

      Who do you trust to legislate proper behavior on the internet? Tom DeLay? The UN?

      This jackass has done material harm to Microsoft, by damaging the value of their webmail service. This is exactly the time and place for a civil dispute. Dunno why you're saying that Microsoft is a bully picking on someone else. Here, Microsoft is a bully beating up someone that tried to steal Microsoft's lunch money. That same jackass has stolen our lunch money in the past. Cheer 'till you lose your voice.

      I don't know why you say that Spam is unsolvable by technical means. It's absolutely solvable by technical means, but those technical means will take huge amounts of time and money.

      --

      There are no trails. There are no trees out here.
  9. Re:Random Commentary by QangMartoq · · Score: 5, Insightful
    How is spam a problem? I'll tell you.

    Let's say that I run a personal mail server on my headless Linux box in the closet, which handles my personal mail, mail for my small home based business, and a few accounts for friends.

    With scum like Mr. Richter and his ilk running around spamming people, my mail server incurs an additional load, in the form of increased bandwidth of useless messages pouring into it, which require me to upgrade my hardware and/or storage space to cope with it and still maintain some reasonable modicum of speed and reliability.

    The spam also causes me to expend time and energy fighting it, setting up filtering software, tweaking it, etc.

    Who pays for these upgrades that the spam forces me to have to put in place? Not the spammers. Me and my wallet.

    If there were no spam, I could run the system on some old 386 I have in the basement, and not have to worry that it'll drown in an unwanted assault of traffic that has nothing to do with, and no value for, my customers, my business, my friends, or me.

    Now, if the above illustration was for a small time mail server, imagine how much bigger the costs are to an ISP, or an upstream backbone provider. MUCH higher. And you wonder why people are fighting spam?

    Spam costs little (or in most cases, nothing) for the spammer to send, but it costs people money to deal with it.

  10. Re:Greed always takes them down. by FidelCatsro · · Score: 4, Insightful

    Your fake sig is spam for a pyramid scheme . so i dont think you should be one to be commenting on greed or spam really.

    --
    The only things certain in war are Propaganda and Death. You can never be sure which is which though
  11. Re:The enemy of my enemy is my friend? by BitZtream · · Score: 3, Insightful

    The problem being that a lot of the spam on the internet is due to their bad program design and poor coding. So you're picking one side of the same evil, MS suing doesn't help the problem, them fixing their exploitable machines so they stop turning into spam relays is a starting point. Then fixing their applications would be a nice next move. It does amuse me that HTML email, which MS basically MADE popular ... is now being ... toned down. As in, Outlook2k3 not loading images by default. Perhaps if they had thought a little more about this a few years ago, rather than attempting to wipe out netscape then we wouldn't be in the situation we are in now.

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  12. Maverick justice? by Golgafrinchan · · Score: 5, Insightful
    While I'm not going to complain about a spamming company's bankruptcy, I'm a little bothered by how this was handled. From the article:

    Microsoft officials called the filing a victory. "Microsoft and the state of New York said we would drive him into bankruptcy, and together we have," said Aaron Kornblum, Microsoft's Internet safety enforcement attorney. "The kind of spam Mr. Richter was sending was not only annoying, it was illegal, and the law sets out penalties for this kind of illegal activity."

    It sounds like Microsoft took the law into its own hands. They saw that the government couldn't/wouldn't do anything about him, so MS blasted him with lawsuits until he succumbed.

    Isn't this the kind of justice most of us Slashdotters don't like? After all, many of us have complained about the RIAA suing someone, and that person has to settle out of court because they can't afford to fight. Isn't this the same thing?

    --
    My userid is prime!
  13. Re:Court Awards Dischargeable In Bankruptcy? by doormat · · Score: 5, Insightful

    Why should somebody have the right to run up credit card debt and get a way out later on?

    Because, as it turns out, most credit card debt related bankruptices are not due to Joe Q Public buying a $10,000 plasma TV and stuff and then just filing. It turns out half are due to life-threatening medical expenses (cancer, coronary, etc). The new legislation just creates a sort of indentured servitude to the medical industry. They can charge whatever they want (you do want to live right?) and then even if you declare bankruptcy you cant escape.

    --
    The Doormat

    If you're not outraged, then you're not paying attention.
  14. Not a good result by pr0nbot · · Score: 5, Insightful

    "It's the legal fees that are battering the company," said OptInRealBig.com lawyer Steven Richter

    Spammer or no, I don't like the principle that if you run out of money to defend yourself, you lose.

    1. Re:Not a good result by Desert+Raven · · Score: 3, Insightful

      Um, did you catch the name of that lawyer???

      Steven Richter is Scotty Richter's father.

      So if the legal fees are "battering the company", one of two things is happening. Either Scotty's father is ripping him off royally (possible, after all, the son's a crook too). Or, Scotty's father is charging tons of legal fees as a way of protecting Scotty's ill-gotten wealth.

  15. Re:It's only because MS is suing by erick99 · · Score: 3, Insightful

    He will survive. After he emerges from bankruptcy he will start a new company that delivers spam or does something similar. It's in his blood and I can't see the guy doing something else for a living.

    --
    http://www.busyweather.com/
  16. anti-spam VS Censorship by Stephen+Samuel · · Score: 5, Insightful
    Maybe all censorship is not bad.
    First they censored the spammers, but I was not a spammer so I did not stand up.

    Stopping spammers isn't about censorship.

    Consider:

    • You start yelling at me.
    • I tell you to stop,
    • You yell louder,
    • I plug my ears
    • You get a megaphone
    • I lock myself inside my house
    • You get a full sized sound system
    • I brick up the windows
    • You get a stadium -rated sound system
    • You blow out the neighbour's windows with the sound system
    • You get arrested for destruction of property
    • You claim first-ammendment rights.
    • You get laughted out of court
    This is essentially an analogy of the spamming industry.

    It doesn't matter what you're saying. Content is irrelevant -- even the fact that communication is (supposedly) occuring (( given that the target recipient does not want to hear you, the existence of communication is questionable )). When it gets annoying, destructive and even expensive for the people who have to deal with your actions, it's just illegal.

    --
    Free Software: Like love, it grows best when given away.