Jon

More news coming in from the lawsuit filed by Myspace against people and companies named as spammers and phishers.

The dollar amount we first reported and was said to be "untrue" by a few people is clearly coming into light here, and shows that it probably IS true.

Even though Jason "Chickenhole" is saying my sources are crap, so far they are right, and are still swearing that MORE will be sued. These are the filed papers of Jan 19th 2007. I am being told over and over, that there are many more to come.

Anyhow, here's the photocopy of the files:

http://www.wickedfire.com/MySpaceComplaint.pdf

Enjoy.

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Jdog

How did the courts get the wickedfire logo on the documents?

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Jon

We have insiders everywhere, bwahahahahahaa...

...Brandon added them.

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ChickenHole

So far they are <on crack> right?

So they big long list that you insisted you had triple <on crack> verified were right?

Then why are they not in the <on crack> docs?

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Jon

That was the original document, and from what I was told there will be more to come, and when I asked WHO was going to be named, the list of networks was given.

I'm reporting exactly what was told to me after verifying it with other sources.

Not sure why you think I'm trying to lie or set you up, I've told your partners that I hope it's not true and that no other suits or networks are named, so quit your juvenile shit and stop blaming me.

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Diorex

I have not seen Jon's list, but our legal team gave us a list of over 30 networks they expected to be included. I suspect Jon is being as aggressive as he can without opening himself up to his own legal troubles.

This is happening at real world speed not internet speed.

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jason407

Hmmm...interesting.
I agree that they may be in trouble for some of the phishing stuff...but I don't think that MySpace will be able to pass of their bulletins as being "Email". Bulletins do not have to follow email spam rules, you don't have to have an OPT OUT option...it is called "Delete or block the FRIEND sending the bulletins"...you opted IN to getting bulletins when you accepted the friend request!

bobby

That is very true... but it not only is the bulletin that they're going nuts over, its the type of content on the profile.

Well in Richters case - he's just screwed.... Phishing, using other peoples passwords is like a given law suit. Would be like stealing peoples email passwords and then emailing the whole world. (Yep pretty sure the FBI gonna come knocking, or some gimp in a suit gonna give me a yellow slip, [supena] or a fat stack of papers [law suit].

Reviewing the Terms of Service from Terms & Conditions - MySpace.com
Last Modified : October 25, 2006


(Prohibited Activities)
Section 8-9
Section 8-13
The section past 8 but re referened as 8-2
Section 8-4
This ones about impossible to prove without a copy of the script.

Section 8-11

So now talking about how-to legally spam myspace.


As I reread that several times, I do notice there is nothing said about having multiple accounts, so lets assume thats ok to do.

Step 1 ) Multiple Accounts : APPROVED

Now it says that creating any kind of commerical bulletin is not ok.

So lets create people profiles, that have no affilate links, banners, etc nothing that could be looked upon as a link trying to sell a service or product.

Now lets create a flash game landing page... (This is a flash game) with banner adds at top, or adsense on the side etc... However the main thing on the screen is the game.

Now on the profile you could link to that game landing page, and talk about how far you got on the game, and how cool it is... don't mention its free, don't mention anything other then it being cool.

When adding friends, add people based on targeted niche - for instance, if your thinking arcade traffic - target gaming groups. halo / web games / game developer etc

Step 2) Inbound links from Myspace : GRANTED




Now by reading thru that... That is not the run of the mill blatent TOS Violation... It is possible that your skitzo and like to make people think your many different people to show your "alternate personalities".. You just have TONS of personalities you wanted to profile online. Your not selling anything, or any service you just like some cool video or game you found online.

Granted this won't convert as well as just blatently linking to a site w/product and checkout but I don't think this is in violation with the current ToS.

Anyhow..... Just food for thought.

-rob

roadies

good point Jason.

It isn't clearly stated so it won't hold up in court, but it is logical. And the idiots who add "HornyMinxxxCamGirlz" or "SexyLocalMySpaceSingles" to their friends list deserve to be spammed. MySpaceSheep.

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Jdog

I don't think bulletins are e-mail either, but myspace is asking for a jury and those non-tech people may be convinced in to thinking they are.

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tmoney

i had to sign a 'phishing ammendment' with CPAempire in order to market on myspace.

basically it said that i'm allowed to use myspace to market their offers as long as i didn't send bulletins using non-owned accounts.

i'm guessing many affiliates used other people to send bulletins for them. it's not clear whether or not these bulletins were being sent via phished accounts or not.

will be interesting to watch this pan out.

aim

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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DesiNet

Isn't something suppose to happen today?

tke71709

They don't have to "prove" shit, everyone who signs up has to agree to the TOS and can therefore be held to what they agreed to.

They would have to prove that the communication was unsolicited though, but that wouldn't be hard.

Diorex

Craig's List has a similar TOS. It was enough to get me to stop spamming it a few years back, just on the thought that every time I (or the bot) hit enter
, I was actually agreeing to pay $50 for which I only had to be billed.

Huge difference between having to prove something in a court of law and having already agreed to something, even if I did not read it.

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MaxSteve

I've got one question that makes me wonder if the MySpace TOS is enforcable in this case. If you are sending bulletin SPAM through either a phished account or through a fake account, your own name isn't anywhere in the MySpace profile.

So on paper, the TOS agreement would be between MySpace and "Dicksmack Asshat". Since "Dicksmack Asshat" isn't a real name (at least I hope not!) or person, is the agreement to the TOS even valid? I would guess not. It certainly wouldn't be valid in the real world.

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andyt

If I get a loan at a bank that's not in my legal name I don't have to pay the bank back?

MaxSteve

What bank is gonna give you a loan with a fake name?

For argument's sake, let's say they did and you also used a fake address. If the bank came calling to your real address with your real name, they'd have a hard time proving you were really the one who asked for the loan.

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tBone

What he is saying is, if one uses a phished list he BOUGHT from someone and used a bot to send the bulletins, what TOS did the bulletin sender sign?

This could be a silly question but, how can one be charged for spamming when there is nothing in the CAN-SPAM Act about bulletins or myspace, just email?

How can one also be charged for phishing if they have no proof he was the one that did the phishing in the first place?

Is there laws in place for owning such a list?

If he was changed for owning that list, what would he be charge with, as there was no money stolen and no money lost to the phished accounts, and no interest of identity theft? The people using these lists couldnt care less whats on them, they just want to post bulletins..

Compared to a Paypal, Credit Card or Bank log in account, what critical info would the bad guy get from a phished myspace account and what lost to the account owner?

There are to many open doors here.
I think they just need to make it harder for these guys to do what they do.
All they have to do is put CAPTCHA before every bulletin post.
Im sure they can find someone on scriptlance to have that added to their
network for 50 bucks, and im sure all the members would mind having to do that for every post, if it cuts down on the posts by these guys..

They are just trying to focus everyones attention from that parent law suit that was filed against them. They should focus on 50 year pervs making fake 13 year old girls accounts and luring others with the same age group
to send them naked pictures.

One more thing, if its against adsence TOS to have ads placed on sites with adult content, why is there adsence on a site that hosts so much adult contect? And with all that adult content why do they let people under the age of 18 make an account? Even myspace put themselves put up adult ads on my girlfriends account back in July-06.

Here is the image of the screen shot she took.
Warning adult pics..
http://img211.imageshack.us/img211/4...ce2faceia3.gif
This is what they need to clean up my friends..

I had my account phished about 5 times now, and ringtone bulletins sent on it, so what, I just change my password..

Dont get me wrong, im not saying what they are doing is right, but there needs to be others things taken care of on that network..


Just my 2 cents..

Tanya

This was announced to all of myspace today:

"In other news, we filed our first spamming / phishing case and won a case against the guy who spread the sammy virus last year. hopefully this will discourage people from ruining myspace for everyone. More news soon."

Dust-D

Dammit! I was just about to post that! Cheers!

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aeiouy

You are right that you may defend yourself in the civil trial by claiming you never agreed to those terms when you stole someone else's account to spam MySpace. Something tells me you still might find yourself looking down the barrel of some damages.

Of course for the criminal case, it won't matter, because your defense in your civil case was essentially an admission of guilt so it will be easy to get a conviction.

Clearly some people think the internet is a game. Some people are likely to find out they were mistaken. As for the MySpace TOS, just because they make a TOS and have you agree to it, does not mean it is fait acompli. You could challenge ever part of it. There is no support just because it exists. They would still have to prove their case in court. Although the TOS document could potentially go towards the deliberate nature of your actions and any claims you did not know any better.

As for those who think bulletins won't ultimately be considered under the same umbrella as e-mail. I would suspect that is pretty wishful thinking.

If one AOL user sent a spam message to another AOL user, it is still spam.

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Mill

Well first off i guess is... how does 1-10 John Does on the court docs make people think that there list of 30 networks is legit?

Secondly,,, The laws are not going to be changed for myspace to get there bulletins to be considered the same as emails,,, thats ridiculous. Hmm I am 30 maybe I should go and demand they change their senior citizen age for me so I can get free java at mickey d's. AINT HAPPENING.

Scott does have a handful no doubt,, but like others here I believe that the big issue and factor is this... Myspace is taking heat for all of this porn crap, so naturally they want to shift the publics view of them elsewhere... at the same time they are targeting the easiest target they can, and all scott needs to do is bring up the fact that the majority of the crap posted in bulletins is porn cams, dating offers and sex sites.

AEIOUy, I agree the TOS doesn't mean anything much, some of the points will be upheld, but justifying a 50$ per offense is going to be damn near impossible. And the jury although they may not be computer savvy, are still going to see that it's a company seeking millions from one man. I think it will play to scott's advantage. All the lawyers need to do is do a little research at what the majority of the spam is on myspace and report the results to the jury,, while also making the case that scott was not doing any Porn, Adult Industry stuff at all.

I think Scott will settle out of court if it goes that far,, but I do not see anyother networks being involved, as the networks would have heard something by now.

Im just glad my network wasn't kicking between July and Dec Guess we need to get Jon to setup a sportsbook style betting system to take bets on the final outcome. He makes the 10% booking and handling fee and slaps a live ticker on the site. MILLION DOLLAR IDEA for Free.lmao

Also " If one AOL user sent a spam message to another AOL user, it is still spam." yes it is,, but AOL is an Internet Service Provider, with an email system,,, not a bulletin system. But good Point... I was reading the court docs and it stated this " Myspace is a Provider of Internet Access ",,,, HMM,, what do they charge per month for internet access??????? Learn something new everyday... muwhahaha

Whats even better and will make this whole lawsuit even better is that myspace was started by millions of spam emails.lol

Here --> MYSPACE: MySpace: The Business of Spam 2.0 (Exhaustive Edition) - Valleywag

LMAO, what fun////
MILL

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lnxcode

isnt myspace always sueing someone? --It's kinda funny...