Scams

by Mike Masnick


Filed Under:
scott richter, spam

Companies:
myspace



MySpace Wins Another Lawsuit Against Another Famous Spam King

from the richter-goes-down-again dept

Just a month after MySpace won a huge fine against famed spam king Sanford "Spamford" Wallace, it's now won its lawsuit against another big name spam king: Scott Richter, who it sued a year and a half ago. Richter and his father (who runs the company) are claiming victory in that the fine is only $6 million -- when MySpace had been asking for much more. You may notice that I'm not linking to coverage of this story, since right now it appears that only the Associated Press is writing about it -- and, as you may have heard, the AP has decided it doesn't want bloggers linking to its stories. Fair enough. Update: Here's the News.com coverage.

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  • identicon
    Ulle, 16 Jun 2008 @ 11:42pm

    I really do not understand the reasoning behind APs actions, I would have thought that they would want the extra exposure that linking provides, after all they do want people to read their articles right, or am I missing something important here?

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous, 17 Jun 2008 @ 2:51am

      Re: AP Business Model

      The Associated Press essentially makes money selling RSS feeds. If they give it away, how can they stay in business?

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 17 Jun 2008 @ 5:05am

        Re: Re: AP Business Model

        TBH, selling an RSS feed doesn't strike me as a sound business plan. Not as a core component anyways.

        reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 17 Jun 2008 @ 1:20am

    Free negative publicity with every blog newspost?

    Amazing! You can't even put a price on that!

    reply to this | link to this | view in chronology ]

  • identicon
    illegalprelude, 17 Jun 2008 @ 2:07am

    Money

    I wish I had only $6 million

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 17 Jun 2008 @ 5:41am

    I didn't really care about this story but I clicked on the News.com link out of spite then browsed their site. Not bad, not bad at all. FU AP.

    reply to this | link to this | view in chronology ]

  • identicon
    Charles, 17 Jun 2008 @ 6:04am

    Does it strike anyone else odd that 1.2million in legal fees seems to be the norm now-a-days.

    How is the common man to afford 'justice'?

    reply to this | link to this | view in chronology ]

  • identicon
    leroy, 17 Jun 2008 @ 6:50am

    spammers

    Death Penalty for spammers (and scammers). No trial, just move right to execution. (kidding)

    reply to this | link to this | view in chronology ]

  • identicon
    Dan, 17 Jun 2008 @ 8:24am

    Great Job!

    On staying squeaky clean of AP!

    reply to this | link to this | view in chronology ]

  • identicon
    Tin Ear, 17 Jun 2008 @ 10:01am

    The AP...

    I used to work for a small town radio station and I was strongly warned not to let the print-outs from the AP wire out of the building. Not even for starting the wood stove. Big no-no.

    It's good that spammers are getting their just desserts in court, too.

    reply to this | link to this | view in chronology ]

  • identicon
    Rich Kulawiec, 17 Jun 2008 @ 10:31am

    This is meaningless

    They'll never collect. The spam won't stop. This is a waste of the judicial system's resources.

    reply to this | link to this | view in chronology ]

  • identicon
    John, 17 Jun 2008 @ 1:45pm

    I agree

    I agree with poster #11: sure, MySpace "wins", but will they collect? Probably not. If the spammer has a good lawyer (and I bet he does), they'll appeal the case for years and years without having to pay anything to MySpace.

    And is a $6 million judgment really effective against spammers? I would bet that they could just save their money for a few months, pay the judgment, and write it off as a cost of spamming users on MySpace.

    reply to this | link to this | view in chronology ]

    • identicon
      Willton, 17 Jun 2008 @ 8:55pm

      Re: I agree

      I agree with poster #11: sure, MySpace "wins", but will they collect? Probably not. If the spammer has a good lawyer (and I bet he does), they'll appeal the case for years and years without having to pay anything to MySpace.

      No, they won't appeal this decision. First, every day that the spammer delays payment is another day that interest accrues on the award, making it more expensive to pay the $6M. Second, this was a binding arbitration decision under the Federal Arbitration Act, which allows for expedited review. The FAA only allows for vacatur of an award in extremely limited circumstances, such as the arbitrator was fraudulent or exceeded his powers. Thus, if MySpace moves to confirm the award in federal court, they can get judgment rendered pretty swiftly.

      Further, if the spammer refuses to pay, MySpace can order seizure of the spammer's assets, and if that doesn't work, MySpace can take a loss on its tax return, thereby alerting the IRS that the spammer may be committing tax evasion.

      reply to this | link to this | view in chronology ]

  • identicon
    Alex, 17 Jun 2008 @ 9:37pm

    Poster #13

    Richter has said he will pay and I bet he will because MySpace won $230 million against 2 of Richter's "affiliates" Wallace and Rines. (I wonder how much these two made for Richter if a Federal Judge determined they owe MySpace $230 million)

    If Richter appealed, he would probably be order to pay more. He got lucky with arbitration.

    reply to this | link to this | view in chronology ]

  • identicon
    Michelle McCormack, 18 Jun 2008 @ 8:19am

    Boycott

    Congradulations on keeping up the AP boycott. I just love how mainstream media are burying themselves by clinging to old models and pretentions.

    reply to this | link to this | view in chronology ]

  • identicon
    Jeannette Basquin, 22 Jun 2008 @ 8:19am

    "spam king" lawsuit

    I don't see what the big deal is...have you ever tried a spamburger? they're pretty good!

    reply to this | link to this | view in chronology ]

  • identicon
    Jeannette Basquin, 22 Jun 2008 @ 8:21am

    "spam king" lawsuit

    I don't see what the big deal is...have you ever tried a spamburger? they're pretty good!

    reply to this | link to this | view in chronology ]


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