funchords
Hello
Premium,MVM
join:2001-03-11
Washington, DC
 ·Verizon Online DSL
 ·Skype
| ROKSO Spammer Suing Internet User for Complaints
On Aug. 20, ROKSO spammer Brian Haberstroh sued a man for complaining to his ISPs, who later disconnected him.
Haberstroh, who lives in New Hampshire, filed this suit in a New Hampshire court. The defendant, Jay Stuler of Ohio, has never even been there. This week, the court refused to summarily dismiss the suit on either its lack of merit or the court's own lack of venue.
Please read more about this case. The defendant is like you and me: not a company with skin in the game, but an internet user sick of spam and willing to complain about it. He's asking for donations to fight.
The spammer has a different incentive -- he wants to establish a precedent: that it's perfectly legal to spam and anyone who complains about it should think twice.
And, if he wins, I guess he's right.
--
Robb Topolski
http://www.funchords.com/
Hillsboro, Oregon USA |
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DrStrange
Technically feasible
Premium
join:2001-07-23
West Hartford, CT
·Stephouse Networks
·magicjack.com
·EarthLink
| Looks like the spammer version of a SLAPP lawsuit.
The best thing the anti-spam community could do for Jay Stuler is to take the spammer down and make him our own example.
The way I read this guy's ROKSO record at Spamhaus, he's accessing people's computers without authorization with that VirtualMDA garbage [spyware law or no spyware law, it violates the [you]CAN-SPAM law. Someone should compile a package of evidence and send it to the relevant federal authorities.
If I see any of his garbage here, instead of LARTing I'll call the state AG, because he's also violating CT law by obfuscating the source of spam.
As for that judge, I wouldn't want to be in his shoes if he ever has trouble with his Internet service. |
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atangel
Now What??
Premium
join:2002-02-18
Bronx, NY
| Re: ROKSO Spammer Suing Internet User for Complain
Well, the defendant is seeking a defense fund donations. It is the only time I've sent money like that. Not a lot, but when software goes for $30 a pop on the cheap end.....
What's a few dollars more out of the IT budget this year to help "our" side win. |
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grcore
New and Improved
join:2003-12-06
usa
| reply to funchords
Re: ROKSO Spammer Suing Internet User for Complaints
Article in NewHampshire Business review.
uid: dslr
pass: dslr
»www.nh.com/apps/pbcs.dll/article···SSREVIEW |
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dbmaven
There's no shortage
Premium,Mod
join:1999-10-26
Sty in Sky
clubs: | Re: ROKSO Spammer Suing Internet User for Complain
"Wrong Password" |
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gatzdon
join:2002-10-25
Lake Zurich, IL
| reply to grcore
Re: ROKSO Spammer Suing Internet User for Complaints
I would think a big piece of the puzzle is in the e-mails sent to this spammer when they cut his service.
"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"
Unfortunately, a defendant has to dispute every line in the lawsuit, but I believe that many are interdependent. This guy's suit hinges on the fact that his ISP cut him loose. I hope it doesn't take the court too long to figure out that this spammer is suing the wrong person (not that his suit would have any merit irregardless of who he sues). |
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AkumalDave
Life's A Beach
Premium,MVM
join:2001-04-20
Minneapolis, MN
| reply to funchords
Re: ROKSO Spammer Suing Internet User for Complain
Well, there's no doubt in my mind that Haberstroh is a spammer, as I've never "opted-in" to receive any such mailings, yet I've got dozens of domains connected to Haberstroh / Atriks LLC / Green Horse Corporation / Sendmails Corporation listed in my kill file. The only way those domains get listed is if spam arrives at our doorstep bearing their names.
So, at least the Plaintiff's claims that they are abiding by the terms of the CAN-SPAM Act don't hold water. And, from what I can tell, Atriks' reselling of bandwidth for spamming purposes is a violation of Lightship's T.O.S. (read Section 2 at: »www.lightship.com/company/aup.jsp ).
That being said, there is a chance for legal precedent to be set here. Donating to the defense fund is worth considering.
Dave
--
"...enjoy every sandwich..." Warren Zevon 1947-2003 |
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antiphishing
Phishing Scam Terminator
Premium
join:2004-06-09
Wilkes Barre, PA
| reply to DrStrange
said by DrStrange  :The best thing the anti-spam community could do for Jay Stuler is to take the spammer down and make him our own example. I second that motion, Yankee dude from Connecticut.
With all the spamvertised websites that I've shut down in the last three years, I'm surprised that I haven't been sued.
--
»www.antihotmail.com
Dslreports.com Profile: »profile.antihotmail.com
spammers_are_scumbags@antihotmail.com |
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yengec
join:2000-03-24
Boca Raton, FL
| reply to funchords
This is Scary
If this guy can be sued, or if any court is allowing this lawsuit to be filed, then that is enough bad news for anybody who owns a computer...
Regardless if the spammer wins or not, the guy who is being sued will have to pay through the nose for the attorney fees, lost wages for time spent in court etc... Yes I understand people are donating money for his cause through paypal, but if there are a thousand people like him who are being sued, who'll be able to donate money for those thousand people???
I guess next, people will be sued for having anti-spam software on their computers because it is "lost-revenue" for spammers. After that lawsuits against anti-virus software users will probably follow, for not letting their computers to be infected with viruses, thus blocking the "creative, self-expressing nature of a virus coder"...
This is scary... Not being sued, but for having to pay for these lawsuits whether you are right or not... |
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Advocate3942
| reply to funchords
Re: ROKSO Spammer Suing Internet User for Complaints
has anyone considered trying to get the EFF or possibly the ACLU involved here? |
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AMDUSER
Premium
join:2003-05-28
Earth
clubs: | reply to dbmaven
Re: ROKSO Spammer Suing Internet User for Complain
This should work for you:
Username: nanaerocks _at_ yahoo.com (replace _at_ with @ )
Password: nanaerocks
Bugmenot
Works quite well to avoid registration. |
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Jon_Hanson
Mountain Dew Rules
Premium
join:2001-07-09
Gilbert, AZ
| reply to yengec
Re: This is Scary
said by yengec :If this guy can be sued, or if any court is allowing this lawsuit to be filed, then that is enough bad news for anybody who owns a computer... Regardless if the spammer wins or not, the guy who is being sued will have to pay through the nose for the attorney fees, lost wages for time spent in court etc... Yes I understand people are donating money for his cause through paypal, but if there are a thousand people like him who are being sued, who'll be able to donate money for those thousand people??? I guess next, people will be sued for having anti-spam software on their computers because it is "lost-revenue" for spammers. After that lawsuits against anti-virus software users will probably follow, for not letting their computers to be infected with viruses, thus blocking the "creative, self-expressing nature of a virus coder"... This is scary... Not being sued, but for having to pay for these lawsuits whether you are right or not... Courts don't rule on the merits of the lawsuit until it goes to court. They won't prevent you from filing a lawsuit against anyone for any reason. |
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Claes T
@84.219.x.x | reply to Advocate3942
Re: ROKSO Spammer Suing Internet User for Complaints
"has anyone considered trying to get the EFF or possibly the ACLU involved here?"
I guess the spammer has tried to engage EFF on his side. Could be he managed to, y'know, "frea speach". |
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Steve
I'm a PC, so shut up
Consultant
join:2001-03-10
Yorba Linda, CA
| reply to Jon_Hanson
Re: This is Scary
said by Jon_Hanson : Courts don't rule on the merits of the lawsuit until it goes to court. They won't prevent you from filing a lawsuit against anyone for any reason. That's not strictly true: the court can throw out suits at the front door for several reasons, including those that are ridiculous on their face ("suing you for having dark hair" or "he's sending mind beams at me!"), and they honor motions to dismiss if the facts claimed, assumed to be true, would not support a victory (I cannot sue you for crashing my neighbor's car - I don't have standing), or Res judicata ("you already sued him once and lost").
This particular case is "ridiculous" to those who know about it, but the spammer does have a fig-leaf of a case sufficient to get his day in court. I hope he gets creamed.
Steve
--
Stephen J. Friedl • Unix Wizard • Microsoft Security MVP • Tustin, California USA • my web site |
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Doctor Four
My other vehicle is a TARDIS
Premium
join:2000-09-05
Dallas, TX
 ·AT&T U-Verse
| reply to funchords
Re: ROKSO Spammer Suing Internet User for Complaints
This spammer needs to be taught a lesson, and one that
makes an example of him to discourage other spammers
from doing the same. Maybe a Slashdot posting of this
story will draw some unwanted attention to Mr. Haberstroh.
However, like other spammer SLAPP suits, I think this one
will get dropped when the defendant's lawyers start
asking him for more information (Discovery can be very
damning for a spammer). And it too much resembles other
cartooney legal threats made by spammers.
--
"Kayura or Badamon, whichever you are, you should know that I will never give up this battle. By the will of the Ancient, I shall succeed!" - Shuten (Anubis) from the Ronin Warriors. |
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