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Microsoft, New York launch spam lawsuits







Microsoft, New York launch spam lawsuits

Microsoft, New York launch spam lawsuits 12/18/2003 11:49 AM

The software giant and the state attorney general file suit against a New York-based spamming ring allegedly responsible for sending billions of illegal and deceptive e-mail messages.




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12/18/2003 10:35 AM
New York Attorney General Elliot Spitzer and Microsoft Corp. plan to file civil suits today charging one of the nation's most prominent e-mail marketers with fraud stemming from sending unsolicited commercial e-mail, commonly known as spam, according to several people involved in the cases. The suits are against three companies, including OptInRealBig, which is run by Scott Richter, widely identified as a major source of bulk e-mail who has been an outspoken defender of his marketing practices. Richter said yesterday that he had been notified by the state Attorney General's Office and by Microsoft that suits were imminent. He said that the accusations were baseless.

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12/18/2003 03:24 AM
NY Attorney General Eliot Spitzer, keeping up his persona as fighting for everyone, and Microsoft, are planning to f ile lawsuits against three of the biggest spammers, including the folks at OptInRealBig - one of the most well known spam operations (though, they always insist that they only send spam to those who opt in). While the new federal laws will soon make it legal to spam, in this case, Spitzer is making use of general anti-fraud laws, as they're accusing the spammers of forging headers. Spitzer is no stranger to going after spammers, of course, as he also started one of the first big spam lawsuits against Monster Hut and earlier this year charged another big spammer.

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nytimes.com/2003/12/19/technology/19spam.html
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I hate spam and would like nothing better than to see an effective anti-spam law put on the books. However, as I've said before, the California anti-spam law is not the right law. Plenty of others seem to agree, and everyone believes that the law won't stand up if tested in court. The problem is what do people do until it's been tested? The other question is who is going to take on this law. Luckily, it won't be the Direct Marketing Association, who I don't trust in the slightest. They say they've burned up all their resources fighting the "Do Not Call" list. At a conference among email marketers, some were suggesting that they should file their own lawsuits under the bill in order to purposely clog the court system with such lawsuits. This seems like typical bad marketing thinking that overburdening a system somehow gets extra attention. The right response is that someone who gets sued for doing something that clearly is not spam is going to have to go to court and get the law overturned. Maybe (and this would be the best) it happens to someone who is not associated with an "email marketing" company, but just someone who sends a perfectly reasonable email and gets hit with a lawsuit.

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Wow: thi s one from Damien Barret:

"Color me not surprised. It appears that Microsoft is paying SCO to file all those ridiculous lawsuits against the users of Linux. I've seen low before, but this is pretty damn low. Scumsucking low."

I have no idea if any of that is true, but, it's truly sad that I could easily believe it's true... that's how much I trust the Microsoft corporate brand.


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