I tracked down a copy of the much heralded
MySpace v. Richter complaint – access it in .pdf form
here.
[†]
In a word, I was underwhelmed. The Complaint was adequately (if not well)
put together, but after seeing all of the press which MySpace generated for it,
I was expecting something a bit more exciting or colorful. I was expecting a smoking gun, a
request for a Temporary Restraining Order.
Anything other than the typical spam/Computer Fraud and Abuse Act
complaint which contains the typical form allegations about a grand conspiracy
between the defendants to obtain user information and disseminate trillions of unwanted marketing
messages through "the network".
Richter, no stranger to the spam litigation game (see Microsoft Press Release here), fired back a PR salvo by announcing that he had retained Pete Wellborn of
Wellborn & Wallace to represent him.
Mr. Wellborn's firm (among other things) cut its internet teeth bringing spam
enforcement actions on behalf of Earthlink.
So where do things stand now? Nowhere, really. The parties will likely be mired in
litigation for a while. The auxiliary
players will probably default, but Richter will fight. Richter and MySpace will circle each other for a bit
and will probably ultimately settle.
MySpace will issue a press release.
And so the cycle will continue.
Finally, it's interesting to note that MySpace is alleged to have a rather
curious relationship with spam. (See Valleywag: ("What News Corp. Doesn't Want you to Know about MySpace") ("MySpace.com is Spam 2.0").)
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