I thought this was worth forwarding, as you never know when one of our projects may fall under this kind of silly thing. Also want to keep a good eye out on the Discovery aspect of it all. What spammers don't realize is that with this suit, we can now find out more about them.
--Chris
-----Original Message----- From: Matthew Cline [mailto:matt@nightrealms.com] Sent: Monday, January 17, 2005 2:01 PM To: ML-spamassassin-talk Subject: Semi-OT: Spammer sues spam-report
A spammer is suing someone who reported their spam for "Tortuous Interference with Contract" and "Defamation":
The defendant knew intentionally and improperly interfered with the performance of the said contract by inducing Lightship Telecom and Spectra Access, Inc., to terminate the contracts.
...
The defenandt induced the termination by intentionally making misrepresentation about ATRIKS and Brian Haberstroh to the said third parties.
It would be funny if it weren't for Jay Stuler having to pay legal fees for all this; Jay can seriously use donations to help fight this. I find it interesting that they aren't suing Spamhaus.org or Spews.org, which also have "misrepresentations" about the spammers; looks rather like a SLAPP lawsuit to me.
Jay posted the following to USENET:
From: Jay Stuler usenetjunk2004@yahoo.com Newsgroups: news.admin.net-abuse.email Subject: Atriks lawsuit update Date: Sat, 15 Jan 2005 22:22:03 -0500
Hello gentle NANAE readers...
I found out this week that they declined my motion to dismiss. Yes
- even though I am not a citizen of New Hampshire, and I have never
been there, or done business there, they still decided I can be sued there. So the next stage of the suit begins - discovery. Some interesting things should come of this stage...
Unfortunately, this will cost quite a bit of money - which I still don't have. I need more donations to go further. But if I am financially able to go further, I am sure that many interesting things about Haberstroh's operation will be unearthed, if you know what I mean.
My lawyer made it quite clear to Haberstroh's lawyer that he will never receive any money, even with a judgement. Nevertheless, Haberstroh wishes to continue with the suit, to make spammers seem like the good guys.
I am still taking donations through PayPal. Every little bit helps. If there is any extra left over at the end of this (for some reason) it will be proportionately returned to the donors. The site with information on the suit is still at: http://spamlawsuit.spamshield.org I will update the site with more information as it comes to me.
Also please pass this on to anyone who you may think be interested...
Thanks
-- Give a man a match, and he'll be warm for a minute, but set him on fire, and he'll be warm for the rest of his life.
Advanced SPAM filtering software: http://spamassassin.org
On 1/18/05 11:07 AM, "Chris Santerre" wrote:
I thought this was worth forwarding, as you never know when one of our projects may fall under this kind of silly thing. Also want to keep a good eye out on the Discovery aspect of it all. What spammers don't realize is that with this suit, we can now find out more about them.
I read his and the link to the other case. Pretty sad day when the government will allow this and not dismiss these cases for what they are, legal blackmail and efforts to put a person or company out of business.
While I am all for the government to stay out of much of my and my business life, I really think we need some better laws and the enforcement of those laws. Not only in the US but world-wide. Every ISP should be held accountable for allowing a spammer to operate, the upstream network provider should be held accountable also. Maybe if it looked like a witch hunt and a taking down of all involved, just maybe, we would see self enforcement done and a lot of this would start to die. Also if people would quit buying the services of spammers we would see it die quick. I think charging the spam buyers legally is the end and true answer.
My un-important 2ยข
-
Chris Santerre -
David Thurman