The Myspace Lawsuit Court Documents

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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.

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.
 
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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