Cyberheat Comments on Department of Justice Case

gonzo · 03-28-2008

TUCSON, Ariz. - In a statement released toAVN Online on Thursday, Cyberheat made its first public comments on its recent case with the Department of Justice.

Last week, Cyberheat settled a lawsuit the Department of Justice filed against the company in 2005 on behalf of the Federal Trade Commission, pursuant to the CAN-SPAM Act. The settlement was approved by the U.S. District Court for the District of Arizona.

Cyberheat's outside counsel, Pete Wellborn and Bates Butler, said the settlement was an "outright victory for Cyberheat, especially since it was obtained without the enormous expense of money and time that a trial would have necessitated."

The case gave rise to one of the most important CAN-SPAM-related judicial opinions to date, with the court rejecting the Department of Justice's argument that affiliate-program operators should be liable for the acts of their sales-related independent contractors.

"The entire industry owes Cyberheat a vote of thanks for battling the government on this vitally important issue," Wellborn said.

Read more bullshit on how the spammers at Topbucks are spinning this at
http://www.avn.com/index.cfm?objecti...CD187949EDC32A

RawAlex · 03-28-2008

Essentially the courts / DoJ have now made the "rogue affiliate" defense acceptable.

I have a hard time seeing this as a "win" for anyone except for the programs that tolerate this behavior.

03-28-2008	#1
gonzo Fat Fucking Nobody Want to see your own Advertising Here! Join Date: Apr 2003 Location: Atlanta,Ga. Posts: 17,795 Blog Entries: 11	Cyberheat Comments on Department of Justice Case TUCSON, Ariz. - In a statement released toAVN Online on Thursday, Cyberheat made its first public comments on its recent case with the Department of Justice. Last week, Cyberheat settled a lawsuit the Department of Justice filed against the company in 2005 on behalf of the Federal Trade Commission, pursuant to the CAN-SPAM Act. The settlement was approved by the U.S. District Court for the District of Arizona. Cyberheat's outside counsel, Pete Wellborn and Bates Butler, said the settlement was an "outright victory for Cyberheat, especially since it was obtained without the enormous expense of money and time that a trial would have necessitated." The case gave rise to one of the most important CAN-SPAM-related judicial opinions to date, with the court rejecting the Department of Justice's argument that affiliate-program operators should be liable for the acts of their sales-related independent contractors. "The entire industry owes Cyberheat a vote of thanks for battling the government on this vitally important issue," Wellborn said. Read more bullshit on how the spammers at Topbucks are spinning this at http://www.avn.com/index.cfm?objecti...CD187949EDC32A __________________ We are putting the bastards of this world on notice; greed and corruption will always be met with "a voice made of ink and rage." "Never try and be like anyone else" - Hunter S. Thompson "The truth is the truth no matter how you try and package a lie" - Shellee Hale

03-28-2008	#2
RawAlex Members $100 for every ImLive sign-up Join Date: Oct 2002 Posts: 4,036	Re: Cyberheat Comments on Department of Justice Case Essentially the courts / DoJ have now made the "rogue affiliate" defense acceptable. I have a hard time seeing this as a "win" for anyone except for the programs that tolerate this behavior. __________________ Let's go to the edge of disaster Push the pedal and go a little faster Let's slam into a wall at ramming speed Let's go to the edge of a mountain Jump off and lets start countin' Hit the ground and tell me if it bleeds

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