"Number 3 Spammer" Wants Microsoft/Spitzer Suit Dismissed.By Kevin Murphy There are many people named Kevin Murphy:
OptInRealBig.com LLC (Logical Link Control) See "LANs" under data link protocol. LLC - Logical Link Control , which is being sued by Microsoft Corp and New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of attorney general Eliot Spitzer Eliot Laurence Spitzer (born June 10 1959 ) is an American lawyer, politician and the current Governor of New York. Spitzer was elected governor in the November 2006 election. over allegations of fraudulent activity related to spamming, is attempting to have the suit dismissed on jurisdictional grounds. Scott Richter Scott Richter (born January 10, 1967) is the CEO of Media Breakaway, formerly known as OptInRealBig.com LLC. He paid $7 million to Microsoft in 2006 in a settlement arising out of a lawsuit alleging illegal spam activities. , who is president of the company and has been named the world's number three spammer by SpamHaus.org, which tracks unsolicited commercial email, told ComputerWire the firm filed a motion to dismiss on Friday. Richter claims that the state laws cited in Microsoft's Seattle and Spitzer's New York suits do not have jurisdiction over his company, which is based in Colorado. Richter pointed to a recent court ruling that went against America Online See AOL. Inc in Virginia, where it had sued a Florida resident for sending spam to its servers, which are physically located in Virginia. The court ruled two weeks ago that it did not have jurisdiction. The Spitzer lawsuit cites 8,000 emails containing 40,000 "fraudulent statements", meaning things such as misleading From: or Subject: lines. The suit is under fraud laws that predate the passage of the CAN-SPAM (Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003) A U.S. statute effective January 1, 2004 that allows spammers to be fined up to $6 million. Act. Richter said all these emails cited in the case came from spam traps at Microsoft's Hotmail, servers physically located in California. "No email was sent to New York or Washington state residents," he said. "This is a smear campaign against us." OptInRealBig has been sending out emails that it says are compliant with CAN-SPAM, which came into effect on January 1 and requires spammers to include a valid mailing address and a working opt-out link. Currently, it appears that the firm's opt-out web page does actually work, but that it also tries to install NetPal, a piece of spyware or adware that tracks URLs people visit and serves them pop-up advertising. Richter, who claims his email has always been legal, said his company's opt-out system is used by many affiliated emailers. OptInRealBig's mailing address is also used by these affiliates. Richter said interest in his services from advertisers has improved since the firm started including a mailing address. |
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