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Anti-Spam Lawyer Loses Appeal, and His Possessions

Techdirt is reporting that one particularly rabid anti-spam fighter has not only lost his case, but most of his worldly possessions as well. James Gordon tried to set himself up as an ISP to get around the conventions of the CAN SPAM act in order to set up a litigation house designed to sue companies that spam. Unfortunately a judge did not take kindly to this trick and ordered him to pay $110,000 to the firm he was suing, a decision that was not only upheld on appeal but accompanied by some very unkind words trying to shut down litigation mills like his. "But, perhaps even more fascinating is that the guy, James Gordon, didn't just lose the lawsuit, it appears he lost most of his possessions as well. Remember that ruling telling him to pay the $110k to Virtumundo? He refused. The company sent the debt to a collections agency, but told Gordon they'd call off the collections agency if he dropped the appeal. Gordon didn't."

5 of 237 comments (clear)

  1. Re:Morton's Fork by argent · · Score: 5, Insightful

    Spam isn't a technical problem, it's a social problem. EVERY communication channel that gets created, gets abused by people like this until the law comes down on them to stop it. Whether it's email spam or loudspeaker trucks, it's the same problem.

  2. Re:Morton's Fork by whoever57 · · Score: 5, Insightful

    I'm not sure who to be cheering for on this one: the barrator or the spammer. Who should we revile more?

    I can answer the question on whom we should revile more: the politicians who passed anti-spam laws that effectively protect the spammers.

    --
    The real "Libtards" are the Libertarians!
  3. Re:Wait, why 'haha'? by jjohnson · · Score: 5, Insightful

    Because, like a patent troll, Gordon wasn't trying to eliminate spam, he was trying to profit off laws against spam that might allow him to sue--a professional litigant. There's two ./ hot buttons here: spam and abusing the courts. It's a tale of a bunch of shitty people being shitty each other, and we're the one's footing the bill for the judge who has to oversee it all, and the courtroom and clerks they're using.

    Not many ./ers are capable of understanding that sometimes bad people (Gordon) do good things (fight spam) for the wrong reasons (personal profit) at a cost to us all (tying up the court system). It's 'haha' because someone who thought he was gaming the system got busted.

    --
    Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  4. Re:Morton's Fork by swillden · · Score: 5, Insightful

    Spam isn't a technical problem, it's a social problem. EVERY communication channel that gets created, gets abused by people like this until the law comes down on them to stop it. Whether it's email spam or loudspeaker trucks, it's the same problem.

    The technical part of the problem is that there's no way to enforce a legal solution.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  5. Re:Morton's Fork by argent · · Score: 5, Insightful

    The technical part of the problem is that there's no way to enforce a legal solution.

    Follow the lead of the TCPA and allow EVERYONE to take spammers to court, instead of this corrupt law that only permits ISPs to do so, and spam would stop in short order.