t10
join:2003-05-25
Woodbridge, ON | Hahahahaha
That is brilliant!!!!!!!
I love the world we live in. |
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rob_in_chatt
Premium
join:2004-09-17
Chattanooga, TN | spam
dammit i coulda had first post but i went and read the article first  dohhhh! |
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jose3030
Premium
join:1999-08-17
Manassas, VA | reply to t10
Re: Hahahahaha
Wild. |
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atangel
Now What??
Premium
join:2002-02-18
Bronx, NY | reply to t10
We are all in trouble if the spammer wins......... |
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mAlfunkti0n
join:2003-12-16
Loveland, OH | Only in America. .....
Just another reason why the good ol US of A are full of idiots, they can prosper under our legal system. |
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koitsu
Premium
join:2002-07-16
Mountain View, CA
| Donations.
I urge folks to donate even miniscule amounts to Stuler, solely to help out with his legal fees. Normally I wouldn't sound all boo-hoo'ish about something like this, but spammers are now resorting to absolutely _absurd_ tactics to try and "prove their point" (whatever point that may be).
If you've never been in a legal battle with a company or organisation before, let me educate you for a moment, as I have been through one: even in the event that the defendant "wins" the case, ultimately, he still turns out to be the loser -- his attourney fees will haunt him for many MANY years to come. The basic technqiue of the plaintiff is: if you can't beat your opponent, take him to court and destroy him financially. When it comes to anything legal, the phrase "time is money" is quite steadfast.
Also keep in mind that financial issues of this kind will likely affect Stuler's credit rating, which could keep him from living a financially "normal" lifestyle.
Sadly, we United States citizens live in a sue-happy country. Take a moment and help someone out who obviously has a good set of morals, and will take time out of his day to report immoral and illegal behaviour to proper authorities (re: complaining to ISPs about unsolicited spam).
--
Making life hard for others since 1977. |
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SSX4life
Premium
join:2004-02-13 | cry me a river
Cry me a river, build me a bridge, and get the FU*K over it!
--SSX-- |
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kpatz
MY HEAD A SPLODE
Premium
join:2003-06-13
Manchester, NH
| reply to atangel
Re: Hahahahaha
If the spammer wins, I'll cancel my internet connection and go back to using the phone and snail mail for all my correspondence.
I live in the same city as that spammer too... I could administer physical LARTs if so desired. Sneak in and squirt epoxy cement into the ethernet jacks on their computers or something...  Nahh, that would be stooping to their level, but it's fun to fantasize! 
--
SMTP: Spam and Malware Transfer Protocol. Also used on rare occasion to transmit e-mail messages. |
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4REAL
@swbell.ne | reply to koitsu
Re: Donations.
How do you know he is legit and not trying to scam you out of a few bucks? |
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mAlfunkti0n
join:2003-12-16
Loveland, OH | reply to SSX4life
Re: cry me a river
I hope your saying this to the spammer, otherwise your an idiot. If the spammer wins this, that means its going to be easy for anyone who complains about them to be sued too. |
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SSX4life
Premium
join:2004-02-13 | of course 2 the spammer. Everyone knows I need to refinance my mortgage on my house seeing how I don't even own one.... Oh and did I mention the enzyte and other crap in my inbox on a daily basis?
--SSX-- |
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Jafo232
You Can't Spell Democrat Without Rat.
Premium
join:2002-10-17
Boonville, NY
 ·RoadRunner Cable
| reply to t10
Re: Hahahahaha
This guy is nuts, if you SPAM, then you are not welcome in my book.
However, I will be interested to see where this lawsuit goes.
I am a webmaster who has run a mailing list for several years, and logs every request when someone joins the list, logs responses to the verification email, and has designed the list software himself so as to instantly remove unsubscribers.
Even with all of those protections to insure only wanted users join my mailing list, I still get an occasional SPAM complaint in which I have no recourse even though I have all the records one could possibly get to prove the user signed up to the list.
Perhaps this suit might set some sort of criteria proving someone has been SPAMMED. Probably not, but I do think those that run a mailing list should be given the opportunity to prove the recipient had signed up on their list before an ISP takes any action against them.
--
Register Your Gaming Clan at Clan-Council.com |
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mAlfunkti0n
join:2003-12-16
Loveland, OH | reply to SSX4life
Re: cry me a river
Oh oh oh but those enzyte comercials .. "he was firm" .. ROFL |
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seaquake
Premium,MVM
join:2001-03-23
Millersville, MD
clubs:  
 ·Verizon FIOS
| reply to atangel
Re: Hahahahaha
said by atangel  :We are all in trouble if the spammer wins......... I sure as hell hope the state of NH has enough intelligence in it not to let this happen. The defendant has done nothing wrong but complain to the plantiff's ISP. The plantiff's ISP has disconnected them for violation of ToS. How can the defendant be at fault for pointing out a violation of ToS to the ISP?
What's next, a school kid suing another school kid for tattling to the teacher and resulting in detention? Sorry to any honest lawyer that may be out there, but the whole lot of lawyers need to find other jobs. They've turned the legal system into a travesty.
--
"Are you on the Distributed Computing Map?" |
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technick
Premium
join:2000-12-16
Loganville, GA
| reply to koitsu
Re: Donations.
The whole court thing is time consuming, stressful, and cost money. I went to court against my former employer last year, and I was lucky enough, the "plantiff" decided they didn't have enough of an arguement, so they decided not to show up. By default, I won. After that I contacted them about reimburstment for my time, lawyer fee's, and other expenses regarding the case. At first they didn't want to do crap but hang the phone on me, but I threatened to drag them to court for it. Three weeks later, I had a check in my mailbox.
--
"Our greatest glory consists not in never falling, but in rising everytime we fall." - Confucius - - - - - - - - - - - Streamfire.net- - AIM - CoNFuCiUsNiCk |
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coop_dog
join:2004-08-12
Orangeville, ON | whouldn't it be funny....
Wouldn't this be funny if this were a very well prepared scam for cash..
Boo Urns to spam!
Mike Cooper |
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Jason Levine
Premium
join:2001-07-13
USA
| The Charges
It looks like he's being sued for "Tortuous Interference with a Contract" and two counts of Defemation. The first charge apparently hinges on the fact that the defendent reported the spamming to the ISP who then cut off the spammer's Internet access. Sure, this interfered with the spammer's contract with the ISP, but he was just reporting an abuse of their services. If this is accepted by the court, then anyone sending spam onto abuse@isp.com will be opening themselves to a lawsuit.
The second charge (Defemation) seems to hinge on the wording that the defendent used to describe the spammer. He used words such as "criminal" and "notorious spam gang." Of course, the spammers insist that their business is completely legal and that the defendent knew this when he made the statements.
What's at stake here for the defendent is loss of time and money fighting the case and loss of more money if he loses to pay for the spammer's attorney fees and lost income. Needless to say, this could financially ruin him (or at least put him in severe financial trouble). What's at stake here for the community is the ability to report spammers without worrying about being sued. If the judge rules in favor of the spammer, then anyone reporting spam will be opening themselves to a lawsuit. (And don't think that the spammers aren't watching this as closely as we are to see if they can begin a round of lawsuits.)
--
-Jason Levine
http://www.jasons-toolbox.com/
http://www.PCQandA.com/
http://www.urateit.com/ |
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Jason Levine
Premium
join:2001-07-13
USA
| reply to seaquake
Re: Hahahahaha
said by seaquake :What's next, a school kid suing another school kid for tattling to the teacher and resulting in detention? Well obviously the tattler has caused the bully lost income from lunch money shakedowns that would have occurred. Then there's the emotional damage from having to endure detention.
--
-Jason Levine
http://www.jasons-toolbox.com/
http://www.PCQandA.com/
http://www.urateit.com/ |
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gatzdon
join:2002-10-25
Lake Zurich, IL
| Read the facts
I posted this in the security thread but I think it has merit here also.
This spammer's suit has no merit (as if that was a news flash)
If you read all the links provided, you'll find copies of e-mails such as this excerpt
"As a result of the listing in SPEWS, Lightship Telecom has terminated its services for Atriks and there are no longer any active services within their formerly allocated IP range: 216.204.150.0/23"
I can't believe this suit wasn't dismissed immediately. According to his ISP, his service was not terminated because of this guy, but rather because of SPEWS and all the the other blacklists he managed to get listed on. |
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Ark
join:2002-06-08
Hudsonville, MI
 ·AT&T Midwest
| reply to Jafo232
Re: Hahahahaha
The same thing happens to me on a mailing list I run. The thing is, every single complaint to my ISP has been seemingly automated from AOL.
I think AOL users get some junk button like you see in Thunderbird, but there is no way to take it back if you accidently click it, and users don't realize that it triggers a complaint to be sent out in the background automatically. They just think its as good as unsubscribing once they no longer want to receive the list's mail. |
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