| Hi I stumbled on this page through Google, and I just thought I would respond to one thing.
Re: this being a scam, or the documents somehow being 'fake'.
1. Who I am...
2. Who my lawyer is...
3. Who Atriks is...
4. Who Atriks' lawyers are...
...are all fairly public information, a simple Google search will tell you this.
I'm certain that all law firms involved will confirm that this lawsuit exists and who their clients are. The lawyers' status can be confirmed through the NH Bar. This means that we would all have to be in on some sort of scam, all of us using our real names, and the lawyers risking their legal practices, all for some sort of Paypal scam?
I don't know how else to prove this lawsuit is real. If you still have any question then I suppose you will have to contact the New Hampshire court. They don't have a website listing civil cases.
I also assure you that all donations are going directly to my legal expenses. I can show you my last unemployment check if you think I am somehow making big bucks  Paypal kind of sucks, but they are basically free, which makes it my best option to use.
To everyone else, thanks for the support, especially those who donated Even if you, for some reason, think I'm a big jerk and I deserve to be sued, then keep talking about it, the publicity helps too |
| I don't think you have to worry, the case will probably be thrown out since it lacks merit as pointed out by others. First, an ISP will not terminate a users contract based on the complaints of one person. They are bound to a contract with their user, and I'm sure they would require compelling evidence of a violation of their terms of service before terminating their contract, especially with a commercial high volume customer. Even though most TOS and ISP contracts favor the ISP with the right to cancel who they want for about any reason, it takes a whole lot, like bad press or the risk of their whole net block being blacklisted, before they'll bite a hand that feeds them.
It's highly likely they had a rash of complaints about the spammer, coupled with the fact they were listed on the spam blacklists. I'm sure that they investigated thoroughly and/or monitored their activity to gather evidence to support their action. You should contact the ISP if you haven't already, and find out if they are being sued as well. They might even or support you in fighting the jerk, financially or by providing evidence or records of other complaints about the spammer.
If ISP hasn't been sued, that could add merit to your case. Lawsuits like this usually shotgun to every party involved in the action, and are usually directed at the ones with the biggest bucks to lose. If they bypassed the ISP, it's probably because they know they violated their TOS and have no case against the ISP. If they singled you out among others who complained, then it's just plain harassment and thrown out as a frivolous suit. If they were trying to recover a legitimate financial loss, they would sue the ISP since they have the biggest pockets.
Gather anything you can to support your complaints..articles on the anti-spam or other sites, any e-mails you have which may violate CAN-SPAM, any links or instructions on the ISP's website that invite the reporting of spam. Try to find out if other ISP's have terminated their service for the same reason.
If you deleted the spam, try using Google desktop search tool to index your system, and it may find and index some old e-mails that are still in a hidden disk cache somewhere. Outlook and IE sometimes lose track of their cache and start new ones, leaving the old stuff on your disk, so the indexer may find it.
Your calling the guy a 'criminal' may be a problem if he's never been convicted of anything, however defamation usually requires the victim to show that lasting or permanent harm was done. Your one to one conversations to the ISP shouldn't count. Internet postings are a gray area, since web sites are still a limited audience and not like the front page of National Enquirer. Web forums, while public, are considered expressions of opinion, not fact, and most people know that, I hope!
I don't think you have much to worry about. |
