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This is absolutely ridiculous. Page 3, Line 4 quotes MySpace's TOS:
"...if you send unsolicited mail, instant messages or other unsolicited communications through the Services, you acknowledge that you have caused substantial harm, but the amount of such hard would be extremely difficult to ascertain..."
Wouldn't this put just about anyone who has ever left somebody a comment on somebody's profile guilty of unsolicited communication? Wouldn't this put anyone who has ever sent an "unsolicited" friend request guilty of causing MySpace.com "substantial harm" ?
It goes on to say...
"...As a reasonable estimation of such harm, you agree to pay MySpace.com $50 for each unsolicited communication you send through the Services..."
$50.00 per communication? Really?!? Wouldn't NewsCorp need to prove exactly how they value an "unsolicited communication" at $50.00, and now this communication poised a financial loss for MySpace.com?
I can see MySpace getting upset over the phishing/hacking piece of the allegations, however the whole unsolicited communication piece is B.S.
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