The Myspace Lawsuit Court Documents - WickedFire - Affiliate Marketing Forum

Jon · 01-25-2007, 08:55 PM

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.

Jdog · 01-25-2007, 09:17 PM

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

Jon · 01-25-2007, 09:20 PM

Quote:

Originally Posted by Jdog

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

We have insiders everywhere, bwahahahahahaa...

...Brandon added them.

ChickenHole · 01-25-2007, 10:41 PM

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?

Jon · 01-25-2007, 10:59 PM

Quote:

Originally Posted by 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?

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.

Diorex · 01-25-2007, 11:46 PM

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.

jason407 · 01-26-2007, 01:42 AM

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 · 01-26-2007, 02:44 AM

Quote:

you opted IN to getting bulletins when you accepted the friend request!

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

Quote:

involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

Section 8-13

Quote:

involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

The section past 8 but re referened as 8-2

Quote:

advertising to, or solicitation of, any Member to buy or sell any products or services through the MySpace Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the MySpace Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MySpace.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MySpace.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the MySpace Services, you acknowledge that you will have caused substantial harm to MySpace.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay MySpace.com $50 for each such unsolicited email or other unsolicited communication you send through the MySpace Services;

Section 8-4

Quote:

any automated use of the system, such as using scripts to add friends or send comments or messages;

This ones about impossible to prove without a copy of the script.

Section 8-11

Quote:

displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MySpace Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose;

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 · 01-26-2007, 04:52 AM

Quote:

Originally Posted by jason407

...you opted IN to getting bulletins when you accepted the friend request!

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.

Jdog · 01-26-2007, 10:49 AM

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.

tmoney · 01-26-2007, 02:50 PM

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 · 01-26-2007, 04:54 PM

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.

DesiNet · 01-26-2007, 05:29 PM

Isn't something suppose to happen today?

Quote:

CPA Empire Special Announcement
January 26, 2006

Dear Affiliates and Advertisers:

As most of you are aware, MySpace issued a press release in which they
made allegations against Scott Richter (“Richter either phished
MySpace accounts himself or acquired a list of phished accounts to
launch spam campaigns”). To date, we have not been served with a
Complaint nor have we seen a copy of the Complaint. As you can
imagine, it is difficult to intelligently respond to a press release.

However, we want you to know that both Scott and the Company
absolutely and unequivocally believe that the allegations are untrue
and without merit. In fact, months ago we were contacted by MySpace
and were asked to cooperate with them in identifying affiliates who
were not following MySpace terms of use. We fully cooperated with
MySpace and immediately terminated a few affiliates who had been
identified by MySpace as violating their terms of use, as well as
ours. We pledged our continuing cooperation to MySpace and never
heard from them again.

We find it extremely coincidental that the press release was issued
just as the media was reporting that MySpace was served with lawsuits
alleging misconduct on their part which led to the physical harm of
their members.

With that said, we ask for your continuing support while we wait to
find out what the issues are in this case. As we believe we did not
do anything improper, we will vigorously defend ourselves and let the
justice system be the final fact finder, as it should.

From 2001 to 2006 we had our fair share of adversity and during that
same time period we had five record breaking years in a row. And if
the beginning of this year is any indicator for the rest of 2007, the
success will continue for us and you, our valued affiliates and
advertisers. However, one record we do not plan on breaking is
honoring our contractual and financial commitments.

Please feel free to contact me if you have any questions or concerns
regarding this or any other matter. Thank you.

Cordially,

Steven S. Richter
President and General Counsel
303-920-7941
Steve@MediaBreakaway.com

tke71709 · 01-31-2007, 12:28 PM

Quote:

Originally Posted by aim

This is absolutely ridiculous. Page 3, Line 4 quotes MySpace's TOS:

"...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

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 · 01-31-2007, 01:39 PM

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.

MaxSteve · 01-31-2007, 06:01 PM

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.

andyt · 02-01-2007, 12:33 AM

Quote:

Originally Posted by 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.

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 · 02-01-2007, 12:44 AM

Quote:

Originally Posted by 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?

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.

tBone · 02-01-2007, 01:00 PM

Quote:

Originally Posted by 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?

Quote:

Originally Posted by andyt

01-25-2007, 08:55 PM	#1 (permalink)
Jon Join Date: Jun 2006 Location: New York City Posts: 7,308 iTrader: (0)	The Myspace Lawsuit Court Documents 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. __________________ There's someone in my head... but its not me.

01-25-2007, 09:17 PM	#2 (permalink)
Jdog Join Date: Aug 2006 Location: Phoenix Posts: 4,300 iTrader: (0)	How did the courts get the wickedfire logo on the documents? __________________ Copeac Rocks! Bluehat SEO Must Read!

01-25-2007, 10:41 PM	#4 (permalink)
ChickenHole 'asshat' Join Date: Oct 2006 Posts: 99 iTrader: (0)	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? __________________ Monetize your Facebook Application with $uper Rewards

01-25-2007, 11:46 PM	#6 (permalink)
Diorex Chasing the long tail Join Date: Dec 2006 Location: Tejas Posts: 347 iTrader: (0)	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. __________________ Diorex.com

01-26-2007, 10:49 AM	#10 (permalink)
Jdog Join Date: Aug 2006 Location: Phoenix Posts: 4,300 iTrader: (0)	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. __________________ Copeac Rocks! Bluehat SEO Must Read!

01-26-2007, 01:42 AM	#7 (permalink)
jason407 Senior Member Join Date: Jan 2007 Posts: 128 iTrader: (3)	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!

01-26-2007, 02:50 PM	#11 (permalink)
tmoney Senior Member Join Date: Jul 2006 Posts: 361 iTrader: (2)	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.

01-26-2007, 04:54 PM	#12 (permalink)
aim Senior Member Join Date: Jan 2007 Location: Minneapolis, MN Posts: 1,081 iTrader: (1)	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.

01-31-2007, 01:39 PM	#15 (permalink)
Diorex Chasing the long tail Join Date: Dec 2006 Location: Tejas Posts: 347 iTrader: (0)	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. __________________ Diorex.com

01-31-2007, 06:01 PM	#16 (permalink)
MaxSteve Member Join Date: Jan 2007 Location: Ottawa, Ontario, Canada Posts: 52 iTrader: (0)	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. __________________ Let me slip my MAX into your BOUNTY. steve at maxbounty.com http://www.maxbounty.com