Home > News > Email Marketer Wins Restraining Order • Bookmark   • Newsletters   • Register Search Options


Email Marketer Wins Restraining Order

Get XBIZ News
May 12, 2004 2:15 PM PDT    Text size: 
SAN BRUNO, Calif. – A Northern California District Court judge issued a restraining order to OptinRealBig.com owner and email marketer Scott Richter this week as part of a lawsuit against anti-spam company SpamCop and founder Julian Haight.

The judge's decision to hand down a temporary restraining order is part of an ongoing feud between two companies at absolute ends of the email spam spectrum: one that makes a living sending out floods of unsolicited email marketing material, and another that makes money combating those floods of annoying spam.

Richter's case against SpamCop and parent company IronPort began last month when the email marketer became fed up with SpamCop's persistent interference with his marketing contracts and business tactics. Richter claimed that SpamCop defamed his company and damaged potential future earnings.

SpamCop is a web-based service that reports incidents of so-called spamming to Internet service providers. SpamCop analyzes the headers of email spam samples sent by computer users, deletes the email addresses of those who file the complaints, and then sends emails to the abuse desks of all ISPs tracked in the header information.

SpamCop eventually pressures ISPs to terminate their relationships with certain spammers that continuously get identified by the system. However, Richter claims his service provides an opt-in option for email recipients and that his company has been wrongly accused of being a spammer.

According to an attorney close to the case, SpamCop has been filing reports against OptInRealBig since 2003.

The judge's ruling ordered SpamCop to stop reporting complaints about OptinRealBig.com to ISPs. The order will last until May 20 after which time the two companies will meet again in a courtroom to settle the landmark lawsuit that some analysts are saying could set a precedent for future lawsuits between email marketers and anti-spam security companies.

Richter, nicknamed the Spam King, originally filed a preliminary and permanent injunction against SpamCop for making what he claims were slanderous or libelous statements about OptinRealBig.com. Richter is also seeking $150,000 in damages.

In the meantime, Richter is the subject of a $20 million spam lawsuit filed in December 2003 by Microsoft and the New York Attorney General for allegedly sending more than 250,000 million spam emails. Microsoft and AG Eliot Spitzer are accusing Richter and his company of being part of a conspiracy to hijack computers and use them to send billions of illegal and deceptive spam messages.

Microsoft and Spitzer also have pending lawsuits against six other alleged spam companies, among them Delta7 Communications, Boxplay5.com, Webmed-RX.com, Safemed-RX.com, Teslianet, and Nutriworx.

None of the lawsuits filed by Microsoft and Spitzer are tied to anti-spam law Can-Spam and instead are filed under existing anti-fraud statutes.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


Manufacturers Take Action Against Counterfeit Sex Toys

The mainstreaming of pleasure products is proving to be a blessing and a curse for the sex toy industry. As the demand for pleasure products continues to grow, manufacturers are seeing an increase of counterfeiters... More »

Trends in Paysite Design, Content Delivery

Given the highly visual nature of adult entertainment, it is no surprise that many paysites have shown design-forward approaches — some skirting the bleeding edge, while others sought stability over... More »

Surviving Affiliates Seem to Be Thriving

Long a mainstay of traffic generation for adult website owners and monetization channel for tech savvy marketers, “sponsor programs” have delivered countless millions of dollars to affiliates... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.



Oct 05 - Oct 07
Hannover, Germany


Nov 04 - Nov 06
Edison, New Jersey

2016 Inked Awards

Nov 05 - Nov 05
Edison, New Jersey

XBIZ 2017

Jan 09 - Jan 13
Hollywood, CA
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!