Language Selection

English French German Italian Portuguese Spanish

When a lawyer gets hit by spammers, expect a lawsuit

Filed under
Legal

The lawsuit, filed Thursday in U.S. District Court for the Southern District of New York, charges that China Digital Media, a Nevada corporation with operations in China, and its unknown promoters, named in the suit as "John Does 1-10," used lawyer Scott Ziegler's e-mail address as part of a spam campaign. The suit seeks millions of dollars in combined damages.

Filed on behalf of Ziegler and his Manhattan firm Ziegler, Ziegler & Associates, the suit claims that between about April 29 and May 3, Ziegler received thousands of bounced promotional e-mails bearing his business address in the "from" field.

"It was a severe disruption to my workdays," Ziegler said in an interview. "At some point it overloaded my mailbox, so I could not receive any other messages that I needed to get."

According to the suit, Ziegler was "surprised and dismayed" to receive the e-mail rejections because he did not send or authorize the e-mails. He became concerned that people who received the promotional message, including clients or potential clients, would assume he had sent or approved the mailing, the suit said. His firm's client list includes banks and securities companies, according to the lawsuit.

As unsolicited e-mail has proliferated, law enforcement agencies and Internet service providers have stepped up their pursuit of spammers, but the effort has done little to curb the problem. Now some smaller organizations and e-mail users, such as Ziegler, are taking action themselves.

According to the lawsuit, Ziegler contacted China Digital Media prior to filing the action and received an e-mail from Chief Executive Officer Daniel Ng. In the e-mail, Ng confirmed that his company hired a stock promoter but denied having anything to do with sending spam with Ziegler as the return address. He did not name the promoter and apologized for any embarrassment.

A copy of the e-mail from Ng as well as examples of the bounced spam messages were filed with the lawsuit.

An apology was not enough for Ziegler. "I was amazed that somebody spammed with an e-mail address that was a real e-mail address, thinking that there would be no ramifications," he said. "We decided to take matters into our own hands."

China Digital Media's Ng did not respond to an e-mail and phone call seeking comment.

Full Story.

More in Tux Machines

CoreOS CEO: Security is fundamental

In an interview, CEO Alex Polvi claims his company invented the cloud-native OS category and discusses how CoreOS's update strategy differs from the likes of Red Hat Read more

KDE and Akademy

  • KDE at FISL 16
    Many of you already know that FISL (The International Free Software Forum) is one of the biggest FLOSS conferences in the world. From 8 to 11 July 2015, 5281 free software passionate people met in Porto Alegre (South Brazil) for the 16th FISL edition, enjoying activities such as talks, panels, hackathons, workshops, and community meetings. All kinds of FLOSS-related topics were in place: development, translation, artwork, education, robotics, entrepreneurship, audio-visual, women and gender, politics, academia and research ... Phew! that's tiring :) KDE has a long and memorable history at FISL and it wasn't different this year.
  • Busy is fun!
    The beginning of the day was reading some social media in the morning with breakfast catching up with the times. While going though my Google+ feed I saw a post that I seen before about the a bug with a krunner plugin. The plugin in question was this which Riddell, Dan and I debugged to find some more info about the bug such as that is effects Kubuntu, Arch and openSUSE so it is upstream related.
  • Akademy Day Trip
  • KDE Akademy 2015 Videos Are Now Appearing Online
  • Akademy 2015
    The organising team have done a fantastic job: we’ve had free busses running from our accommodation to the venue, video recording of talks (which I’m sure someone will post about soon), easy to access food, two parties and people always on-hand to provide information.
  • The Failure of KDE Activities
    KDE Activities are multiple desktops. While easy to understand, they open up the possibility of new methods of workspace organization as well as new ways to layout the desktop. They deserve to be recognized as an innovation as important as tabbed browsing, and should be a part of every desktop environment, yet most users have only vaguely heard of them, and even fewer have tried them. When a feature so elegant is ignored, something has clearly gone wrong -- but what, exactly? One thing is certain: Activities are one of the least unpublicized features on any desktop. From their introduction in KDE 4.0 to their implementation in Plasma 5, Activities have never had any online help. If you go to the desktop toolkit, you can click on Activities, but nothing suggests why you should bother. How to create an Activity is reasonably obvious with a little exploration, but why you would want to is never explained.
  • KDE Plasma Goes Mobile
    While FOSS Force gave you a look at setting up KDE Plasma on the desktop in Don Parris’ article last week, KDE recently jumped into the mobile fray by announcing KDE Plasma Mobile at their Akademy conference this week in Spain. While it joins an already crowded field, with the likes of Android, Ubuntu Touch, Firefox OS and others already in the mobile OS space, Plasma Mobile “offers a free — as in freedom and beer — user-friendly, privacy-enabling, customizable platform for mobile devices,” wrote Sebastian Kugler, a lead architect, on KDE’s website. “Plasma Mobile is currently under development with a prototype available providing basic functions to run on a smartphone.”
  • KDE Started Working At Fiber, A New QML-Based Internet Browser
  • Fiber Update
    The original plan was to allow an extension to handle the more crazy form-factors, but as I was blueprinting the APIs on paper I quickly found the tab-bar becoming a nightmarish monster which would have made custom tab extensions painful. Ultimately as a shortcut until a nice API can be made (and many more critical APIs can be rolled out) I’ll be adding sidebar tabs as a native feature. I may look at some sort of button form-factor as well, such as the ones commonly seen in mobile browsers.
  • Porting Qt applications to Wayland
    During Akademy I hold a session about porting applications to Wayland. I collected some of the general problems I saw in various KDE projects and want to highlight them in this blog post, too.

OpenDaylight Project announces new members

Open Source Usage in Large Enterprises

It is obvious that open source is much used today and plays an important role in many organizations, but how used is it in large enterprises? This question has been addressed in a recent study called The Open Source Era, conducted by Oxford Economics, a venture with Oxford University dedicated to forecasting and quantitative analysis, and WIPRO, an IT, consulting and outsourcing company. Read more