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Aussie spammer sues anti-spammer in world-first case

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  • Valkyre
    replied
    I had an aussie kid harassing me a while back, for the longest time too. Would spam my entire site and harass me on AIM and email me with lude things. I almost got a lawyer to go after him.

    Leave a comment:


  • Martin CX
    replied
    I heard today that the European Union is going to outlaw junk mail. In the future companies has to have your accept before sending spam. That is a good thing - even though the rules are already those in Denmark where I live.

    I don't know if it'll actually matter, but hey!

    Leave a comment:


  • WizyWyg
    replied
    Originally posted by Fusion
    It's not even applicable in the US either, most of the time.
    though it does help to have documentation showing that other isp's (in Russia, or in austrailia), as long as they have a good AUP/TOS about spamming (dont do it), that it doesnt take a genius to figure out contractual law. Aussie courts can use the precedent set forth in other cases about the internet and spamming to look at, and draw their own conclusions

    Besides, SPEWS is "located" in Russia. So whatever the Aussie court decides (which I hope they laugh T3 out of court for briningin a frivolous lawsuit), they have no jurisdicition over the listing at SPEWS. And McNichol couldn't have put the company on the SPEWS list even if he wanted to.

    The T3 company has to prove that McNichol physically communicated with the operators of SPEWS (who are not known, and no way to CONTACT via, email, telephone or snail mail) to place their servers on the list. But a quick search at google
    T3 Direct Shows that they've been spamming at least since February 2002, LONG before May 20 (where they found their listing on SPEWS) and were already posted to many blocklists for their spamming. They have no leg to stand on as far as defense goes.

    And even shown on this page:
    http://www.vtgts.com/auspam.htm

    That they are an unscrupulous company to begin with.

    Leave a comment:


  • Fusion
    replied
    Originally posted by Conscience
    oi carful what you say bout dem aussies
    Heh, I was being careful, outright nice even.

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  • Jake Bunce
    replied
    maybe he is suing to generate publicity to drive banner impressions on his site which is what spam is all about.

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  • Anime-loo
    replied
    and he hoenstly thinks he can win?

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  • Conscience
    replied
    oi carful what you say bout dem aussies

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  • Fusion
    replied
    Originally posted by Dave#
    American Law wasn't applicable in Austrailia last time I checked.
    It's not even applicable in the US either, most of the time.

    Leave a comment:


  • Dave#
    replied
    Originally posted by WizyWyg
    The guy needs to read up.

    Monsterhut vs Paetec in a NY case proved that an ISP can block any traffic it does not want.

    AOL as well had a similar ruling


    Way to go SPEWS.

    American Law wasn't applicable in Austrailia last time I checked.

    Leave a comment:


  • Fusion
    replied
    Man, them aussies. Sheesh..

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  • WizyWyg
    replied
    The guy needs to read up.

    Monsterhut vs Paetec in a NY case proved that an ISP can block any traffic it does not want.

    AOL as well had a similar ruling


    Way to go SPEWS.

    Leave a comment:


  • Joe Gronlund
    replied
    lol he has nerve

    Leave a comment:


  • George L
    started a topic Aussie spammer sues anti-spammer in world-first case

    Aussie spammer sues anti-spammer in world-first case

    http://www.zdnet.com.au/newstech/com...0265640,00.htm

    An alleged Australian spammer is suing an anti-spam advocate after being blacklisted by a spam prevention Web site, in what is believed to be a first of its kind case worldwide and one that could end up “bigger than Ben Hur”, according to a source close to the proceedings.

    Perth-based T3 Direct is seeking compensation of AU$43,750 from Joseph McNichol, whom it alleges caused the company to be blacklisted on the spews.org Web site.

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