Mark Mumma, a technology consultant and anti-spammer is now being sued by Omega World Travel (parent ot cruise.com) for trademark infringement and defamation after Mumma created a site listing his frustrating experience dealing with spam coming from cruise.com. After numerous attempts to opt-out, to talk to Omega’s counsel, or otherwise stop the incoming spam, Mumma threatened to sue under CAN-SPAM. As a result, Mumma was hit preemptively with a $4M lawsuit by Omega.

It seems that both parties come with unclean hands. Mumma argues that because he never opted-in, he should not have to opt-out. Also, there is evidence of his demands to settle for $6,000. Cruise.com on the other hand is using SLAPP-lawsuit tactics (Strategic Lawsuit Against Public Participation) which basically allows them to dictate the terms and the location of the lawsuit, hoping to prevent further action from Mumma. Such actions are illegal in California under their Anti-SLAPP statute, but not in Virginia, where cruise.com filed.

Decision on motion to dismiss for lack of jurisdiction over Mumma in Virginia is pending (Mumma is in Oklahoma, but the lawsuit alleges that Mumma’s website contitutes sufficient contact with Virginia to justify personal jurisdiction.)

[Via Slashdot -]

Two Brittons considering themselves as the "Robin Hoods of the Internet" were convicted on Internet piracy charges. They were arrested in a U.S.-led sting operation. Throughout their trial they claimed that they have done nothing wrong - instead they said they simply downloaded the illegal software (calculated by US Customs to be worth more than $1B) just to try it before they bought it.

The two men seem to be a link of a chain of hackers and crackers who take a piece of software to crack it (or remove protections) and then distribute it, usually on peer-to-peer networks.

Once cracked, the testers - often IT managers with
access to sophisticated computer systems - then made sure the
reconfigured software worked before passing it on to the packagers. It
was their job to upload the software onto secure servers from where it
could be delivered to users on the internet.

The packagers would also add special labels to the
software which acted like film credits, ensuring fame and notoriety for
those who had cracked it.

[Via BBC News, UK -]