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22 Jan 2024
Jay Fink had an interesting little business.
If you lived in California, you could give him access to your email account,
he'd look through the spam folder for spam that appeared to violate the
state anti-spam law, and give you a spreadsheet and a file of PDFs.
You could then sue the spammers, and if you won,
you'd give Fink part of the money as his fee.
While the federal CAN SPAM law largely preempts state laws, it lets states
add their own penalties for fraudulent or misleading spam.
California is one of the few states with a usable law, and one of the
few that lets spam recipients sue in small claims court.
The spammers tend to pay to settle rather than going to court (because
they are pretty sure they'd lose) so this was a way to make life
more difficult for the spammers, paid for by the spammers.
Last July, the state of California shut him down, saying that the stuff
he was doing needed a Private Investigator (PI) license.
The license is quite expensive and requires 6,000 hours of training in
a field like arson investigation or insurance adjustment.
Fink thought this was ridiculous, since none of the training would have anything
to do with looking for spam, and the requirements were grossly excessive for what he did.
He sued the state, supported by the Institute for Justice, a libertarian public interest law firm.
Last week the parties filed the first substantive exchange, in which
the state moved to dismiss the case, and Fink's lawyers said not
See more ...
Stable link is https://jl.ly/Email/spamfink.html
08 Jan 2024
In the past few months there have been four similar suits filed in New York against OpenAI and Microsoft.
All four look superficially similar, and all are likely to be heard by the same judge, but one of them
is a lot stronger than the other three.
See more ...
Stable link is https://jl.ly/Copyright_Law/openai3.html
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