Re: Suing Spammers

2006-05-15 Thread Chris Lear
* jdow wrote (14/05/06 02:09): From: Gary W. Smith [EMAIL PROTECTED] On another paw, Craig, do consider who is the injured party. Marc is not. The final recipient, the addressee, is an injured party for the spam in her mailbox. The addressee's ISP is also an injured party due to the

Re: Suing Spammers

2006-05-15 Thread Steven W. Orr
=should not sue spammers if I can do it? I'm wondering if I make enough money =suing spammers I could give my services away for free just to get the spam to =sue for. = =Someone tell me if I'm nuts? = I have attended the annual spam conference at MIT. (You can probably google it up.) One

Re: Suing Spammers

2006-05-14 Thread Marc Perkel
jdow wrote: From: Marc Perkel [EMAIL PROTECTED] jdow wrote: Well, Marc would have a really hard time proving HE was injured by the spam. Therefore seeing would be annoyingly unproductive for HIM. But the ISPs forced to hire him could sue and win. (Collecting might be quite another kettle of

Re: Suing Spammers

2006-05-14 Thread Marc Perkel
jdow wrote: From: Marc Perkel [EMAIL PROTECTED] mouss wrote: Rick Measham wrote: Marc Perkel wrote: ... I do front end spam filtering for about 500 domains. ... I'm wondering if I make enough money suing spammers I could give my services away for free just to get the spam to sue

Re: Suing Spammers

2006-05-14 Thread Marc Perkel
Scott Warren wrote: You ask this like you know who the spammers are and where to find them. If this is the case and spammers are that easy to find, why are we not reading more articles like the one where a spammer in the former Soviet Republic was found beaten to death in his apartment??

Re: Re: Suing Spammers

2006-05-14 Thread Nigel Frankcom
One gets the idea that many in this thread have had little experience of litigation. I don't know about the US, but in the UK, you're talking *many* months and much paperwork. That being said. I'm so up for suing the SOB's ... hit em where it hurts. A small addendum, once a private prosecution

Re: Suing Spammers

2006-05-14 Thread Marc Perkel
Nigel Frankcom wrote: One gets the idea that many in this thread have had little experience of litigation. I don't know about the US, but in the UK, you're talking *many* months and much paperwork. That being said. I'm so up for suing the SOB's ... hit em where it hurts. A small addendum,

Re: Suing Spammers

2006-05-13 Thread jdow
: John Rudd [EMAIL PROTECTED] To: Marc Perkel [EMAIL PROTECTED] Cc: SpamAssassin Users users@spamassassin.apache.org Sent: Friday, May 12, 2006 18:51 Subject: Re: Suing Spammers If it works, let me know ... and let me know the name of your lawyer :-) Cuz, I'd jump on that bandwagon in a heart beat

Re: Suing Spammers

2006-05-13 Thread Craig McLean
should not sue spammers if I can do it? I'm wondering if I make enough money suing spammers I could give my services away for free just to get the spam to sue for. Someone tell me if I'm nuts? No, you're not nuts, at least not in the EU: http://spamlegalaction.pbwiki.com/ Rules in CA might

Re: Suing Spammers

2006-05-13 Thread Rob McEwen (PowerView Systems)
Some of the state laws in the U.S. are stronger than the Federal Government's laws. In Georgia where I live, there is a pretty good law for this type of thing: http://www.gov.state.ga.us/press/2005/press765.shtml Now, interestingly, I've recently taken on several different law firms as mail

Re: Suing Spammers

2006-05-13 Thread jdow
wondering, is there any reason why I should not sue spammers if I can do it? I'm wondering if I make enough money suing spammers I could give my services away for free just to get the spam to sue for. Someone tell me if I'm nuts? No, you're not nuts, at least not in the EU: http

Re: Suing Spammers

2006-05-13 Thread jdow
From: Rob McEwen (PowerView Systems) [EMAIL PROTECTED] Some of the state laws in the U.S. are stronger than the Federal Government's laws. In Georgia where I live, there is a pretty good law for this type of thing: http://www.gov.state.ga.us/press/2005/press765.shtml Now, interestingly,

Re[2]: Suing Spammers

2006-05-13 Thread Robert Braver
On Saturday, May 13, 2006, 8:46:46 AM, Rob McEwen wrote: RMPS Add all this up and I'm quite sure that they had to be RMPS violating that law in Georgia. I may have missed something - what would be violative of CAN-SPAM and/or Georgia law here? I'm a bit familiar with the GA law because, as

RE: Suing Spammers

2006-05-13 Thread Gary W. Smith
On another paw, Craig, do consider who is the injured party. Marc is not. The final recipient, the addressee, is an injured party for the spam in her mailbox. The addressee's ISP is also an injured party due to the (vastly) increased mail volume her servers must handle. They have a tort

Re: Suing Spammers

2006-05-13 Thread Kai Schaetzl
Craig McLean wrote on Sat, 13 May 2006 14:18:31 +0100: http://spamlegalaction.pbwiki.com/ Rules in CA might be a little different, but the principle is likely to be the same.. Just that you don't get hold of the nasty spammers. And the nice spammers are easily blocked. Kai -- Kai

Re: Suing Spammers

2006-05-13 Thread Marc Perkel
jdow wrote: Well, Marc would have a really hard time proving HE was injured by the spam. Therefore seeing would be annoyingly unproductive for HIM. But the ISPs forced to hire him could sue and win. (Collecting might be quite another kettle of French fried worms.) I don't have to prove

Re: Suing Spammers

2006-05-13 Thread Bronto
I thought CAN-SPAM preempted all state's laws.(?) Robert Braver wrote: On Saturday, May 13, 2006, 8:46:46 AM, Rob McEwen wrote: RMPS Add all this up and I'm quite sure that they had to be RMPS violating that law in Georgia. I may have missed something - what would be violative of CAN-SPAM

Re: Suing Spammers

2006-05-13 Thread mouss
Rick Measham wrote: Marc Perkel wrote: ... I do front end spam filtering for about 500 domains. ... I'm wondering if I make enough money suing spammers I could give my services away for free just to get the spam to sue for. Someone tell me if I'm nuts? To be completely cynical, you're

Re[2]: Suing Spammers

2006-05-13 Thread Robert Braver
On Saturday, May 13, 2006, 4:55:48 PM, Bronto wrote: B I thought CAN-SPAM preempted all state's laws.(?) CAN-SPAM does not preempt state laws to the extent that those laws deal with falsity and deception. Provisions relating to forged/missing/obfuscated headers, deceptive subject lines, etc.,

Re: Suing Spammers

2006-05-13 Thread Marc Perkel
mouss wrote: Rick Measham wrote: Marc Perkel wrote: ... I do front end spam filtering for about 500 domains. ... I'm wondering if I make enough money suing spammers I could give my services away for free just to get the spam to sue for. Someone tell me if I'm nuts? To be completely

Re: Suing Spammers

2006-05-13 Thread mouss
Kai Schaetzl wrote: Craig McLean wrote on Sat, 13 May 2006 14:18:31 +0100: http://spamlegalaction.pbwiki.com/ Rules in CA might be a little different, but the principle is likely to be the same.. Just that you don't get hold of the nasty spammers. And the nice spammers are easily

Re: Suing Spammers

2006-05-13 Thread Bronto
So a good rule of thumb is that since I'm legit, I follow CAN-SPAM. Real spammers have to contend with state laws too. Rob Robert Braver wrote: On Saturday, May 13, 2006, 4:55:48 PM, Bronto wrote: B I thought CAN-SPAM preempted all state's laws.(?) CAN-SPAM does not preempt state laws to

Re: Suing Spammers

2006-05-13 Thread jdow
From: Gary W. Smith [EMAIL PROTECTED] On another paw, Craig, do consider who is the injured party. Marc is not. The final recipient, the addressee, is an injured party for the spam in her mailbox. The addressee's ISP is also an injured party due to the (vastly) increased mail volume her servers

Re: Suing Spammers

2006-05-13 Thread jdow
From: Marc Perkel [EMAIL PROTECTED] jdow wrote: Well, Marc would have a really hard time proving HE was injured by the spam. Therefore seeing would be annoyingly unproductive for HIM. But the ISPs forced to hire him could sue and win. (Collecting might be quite another kettle of French fried

Re: Suing Spammers

2006-05-13 Thread jdow
From: Marc Perkel [EMAIL PROTECTED] mouss wrote: Rick Measham wrote: Marc Perkel wrote: ... I do front end spam filtering for about 500 domains. ... I'm wondering if I make enough money suing spammers I could give my services away for free just to get the spam to sue for. Someone tell

Re: Suing Spammers

2006-05-13 Thread Scott Warren
considering it. I hooked up with a lawyer today who specializes in it and I do front end spam filtering for about 500 domains. I'm wondering, is there any reason why I should not sue spammers if I can do it? I'm wondering if I make enough money suing spammers I could give my services away for free

Re[2]: Suing Spammers

2006-05-13 Thread Robert Braver
On Saturday, May 13, 2006, 7:40:25 PM, Bronto wrote: B So a good rule of thumb is that since I'm legit, I follow CAN-SPAM. B Real spammers have to contend with state laws too. I don't have all the facts as to this (theoretical?) situation, so I'll answer the long way. Under CAN-SPAM,

Suing Spammers

2006-05-12 Thread Marc Perkel
enough money suing spammers I could give my services away for free just to get the spam to sue for. Someone tell me if I'm nuts?

Re: Suing Spammers

2006-05-12 Thread John Rudd
specializes in it and I do front end spam filtering for about 500 domains. I'm wondering, is there any reason why I should not sue spammers if I can do it? I'm wondering if I make enough money suing spammers I could give my services away for free just to get the spam to sue for. Someone tell me if I'm

Re: Suing Spammers

2006-05-12 Thread Rick Measham
Marc Perkel wrote: ... I do front end spam filtering for about 500 domains. ... I'm wondering if I make enough money suing spammers I could give my services away for free just to get the spam to sue for. Someone tell me if I'm nuts? To be completely cynical, you're nuts. If you're

Re: Suing Spammers

2006-05-12 Thread Marc Perkel
Rick Measham wrote: Marc Perkel wrote: ... I do front end spam filtering for about 500 domains. ... I'm wondering if I make enough money suing spammers I could give my services away for free just to get the spam to sue for. Someone tell me if I'm nuts? To be completely cynical, you're