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FIB - Scams 101 - Ye Olde Archives
Posted By: The Roadie <wcarton@flash.net> In Response To: Excuse me; my mistake.... (MaaMaw)
Monday, 27 June 2005, at 7:53 a.m.
> If you are really being harrassed to the extent you claim, I hope you'll
> follow Roadie's advice and pursue it with law enforcement, because a
> lawyer can't protect you (although it has been my personal experience that
> the nut cases usually stay at their keyboards, at least the ones who have
> harrassed me).
Same here. It's a slow month if I haven't had a lawsuit threat by the 15th, from some spammer or online con artist. None of them, if they issue their threat by email, have ever talked to a real lawyer, whose first advice would be to stop issuing threats. In the anti-spam community, we call these fake attorneys: cartooneys.
The one time I actually got a cease and desist order in the mail, from a real lawyer, about some data posted on one of my anti-spam sites, it was hilarious for a few reasons:
1) The spammer in question had even more dirt on her than I had posted, including recent involvement in an illegal gifting program. After confirming all my data, I tripled the size of her entry in my data base to her probable consternation.
2) She was in Oregon - her lawyer was in Ohio. Neither of which enabled him to actually file suit in CA. All he could do was send the typical $100 threat-letter, which he did a couple of rounds of before I assume she gave up and quit wasting her money.
3) The lawyer involved, Andrew Jaffe, used to be a spammer himself (screen name "mortapple" on the SpecialHam spammers forum), and was an advisor on CAN-SPAM compliance to the defunct 1UpAutomated operation. That was funny. Under deposition in the Microsoft lawsuit against the principals of 1UpAutomated, one of them named Jaffe as the source of the email lists that was part of the "product" of the operation. Now he's on Microsoft's radar screen.
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| PLEASE READ THIS LEGAL NOTICE CAREFULLY BEFORE YOU FILE A LAWSUIT OR EVEN WASTE TIME THINKING ABOUT IT. It has been done before, but never successfully. In fact, the last dodobird who tried it ended up being ordered to pay more than $77,000 in attorney fees ($65,000+ to my attorneys and $12,000+ to my co-defendant's legal advisor).
If your attorney is worth his salt, he's going to tell you that the expense of filing a lawsuit you can't win is a whole lot worse than any "damages" resulting from messages posted on this insignificant little chunk of cyberspace. NEWS FLASH: I didn't just climb down off that ol' turnip truck yesterday. I'm well aware that expressing a negative opinion, relating one's personal experience, and restating provable facts are all legal in this country and do not constitute libel, slander, or defamation -- so you don't want to play games with me, and you sure don't want to start something you aren't prepared to finish. I don't take threats lightly, and I don't accept bribes (or did you call it a "mutually-beneficial arrangement"?). I'll turn you in faster than you can yell, "ARREST ME, I'M SCUM!!" Do yourself a favor and turn your legal team loose in greener pastures. Although we may, from time to time, monitor or review discussions, postings and the like on the Friends In Business (Scams 101) Message Board, we are under no obligation to do so. We are not responsible or liable for any claim arising from the content of any such discussions or postings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are likewise prohibited from posting any false claims against any company or individual. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. By posting messages and/or content on the Friends In Business (Scams 101) Message Board, you give permission for Lesley Fountain/Friends In Business/Shoestring Success Publications to display, distribute and use the posting and content for publication, advertising, promotion, excerption or example. You grant Lesley Fountain/Friends In Business/Shoestring Success Publications complete, perpetual, but non-exclusive rights to use, archive, reproduce, adapt, modify, distribute, sub-license, repurpose, rework, compile, or offer for sale or resale the messages, postings or content appearing on this site in whole or in part, throughout the world and universe, on a royalty-free basis without remuneration. If you cannot accept or agree with the terms of service for this website and discussion board, you are advised not to post on this board. In closing, I would like to remind you once again that it is still legal, in this great country of ours, to express a PERSONAL OPINION, as long as it is presented as opinion and not as fact. And finally, all you scammers out there will do well to remember that TRUTH IS AN ABSOLUTE DEFENSE against charges of libel, defamation, and slander... so if you're operating just a hop, skip, and jump ahead of the law, you might want to think twice before doing anything stupid... (AND SHAME ON YOU!!). |