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June 17, 2005
Lawsuits Against Blogspam
Posted by Ernest Miller
Yesterday, Kevin Marks made a good suggestion in this comment to my post, Even Copyright Infringing Spammers Deserve Free Speech Protections. His comment:
An earlier suggestion I made regarding spam was for some enterprising law firm to facilitate class actions against spammers:
When you get spam, you forward it to a special email address, which aggregates it and keeps your address. When there are enough copies to justify a case, the lawyers track down the spammer and file a class action, using whichever spam laws apply. They disperse the damages back via PayPal, keeping a percentage themselves.
Copyright-violating blogspam could be similarly handled. Isn't the going rate $150,000 per infringement?
This is not a bad idea. Such lawsuits might quickly put some of the
blogspammers out of business.
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Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School.
Ernest Miller's blog postings can also be found @
