Re: CAN-SPAM Defendant Awarded $111k in Fees/Costs: Gordon v. VirtumundoSimon Waters – Aug 07, 2007 4:11 PM PST
I think you are so far out of line with opinion on the net, that you'll be surprised.
All he need do is offer to represent ISPs, their are plenty without the experience, or desire to pursue these battles independently, who have huge expenses due to the abuses of the CAN-SPAM act, and various other crimes perpetrated by Internet marketing companies.
The mistake is not allowing end users to sue under CAN-SPAM, since they ultimately incur the highest costs. The legislation was ill thought out.
Re: CAN-SPAM Defendant Awarded $111k in Fees/Costs: Gordon v. VirtumundoSuresh Ramasubramanian – Aug 07, 2007 10:45 PM PST
Y'know, the gordon v/s virtumundo case seems more like
1. Professional plaintiff
2. Didnt do his homework in the case
Whether that case was on spam, or on one of the more usual happy hunting grounds for ambulance chasers - tort law and personal injury .. whoever goes into a case trying to make money out of it should budget for losing money and having to pay fines or costs.
That doesn't really have anything else that will bear on the merits of the case, or on whether he actually had a case and could have prepared it far better than he did.
So, spinning this as a victory against anti marketing lawsuits is not going to get very far.
I think you are so far out of line with opinion on the net, that you'll be surprised.
All he need do is offer to represent ISPs, their are plenty without the experience, or desire to pursue these battles independently, who have huge expenses due to the abuses of the CAN-SPAM act, and various other crimes perpetrated by Internet marketing companies.
The mistake is not allowing end users to sue under CAN-SPAM, since they ultimately incur the highest costs. The legislation was ill thought out.
Y'know, the gordon v/s virtumundo case seems more like
1. Professional plaintiff
2. Didnt do his homework in the case
Whether that case was on spam, or on one of the more usual happy hunting grounds for ambulance chasers - tort law and personal injury .. whoever goes into a case trying to make money out of it should budget for losing money and having to pay fines or costs.
That doesn't really have anything else that will bear on the merits of the case, or on whether he actually had a case and could have prepared it far better than he did.
So, spinning this as a victory against anti marketing lawsuits is not going to get very far.