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Popular Myths about SUEaSpammer.com and/or WebGuy.NET debunked
The “‘Inki the rabbit’ logo is somehow connected to Omega World Travel Myth
The Einsteins at Omega somehow got it into their heads that the “Inki the rabbit” logo (which is actually a trademark of Michael C. Comish dba PrintPal, Inc.) was somehow being used to belittle or embarrass the owners of Omega World Travel, Inc. (Go figure?) For some reason, Omega seems to think that everything is about them.
At all times relevant to the lawsuit the “Inki the rabbit” image has been a link to the PrintPal spam evidence and has nothing to do with Omega World Travel.
They were upset about the PrintPal logo and mascot being above their names in the pecking order of the current Spam Offender Spotlight honorees. The truth is that they had simply fallen to second place in the spotlight status and somehow got confused about the new main spotlight (on PrintPal) and thought that we were “calling them bunnies”. I guess it is real embarrassing to be “called a Bunny” when you’re a spamming operation.
Perhaps Mike Comish wants to file suit on Omega for claiming ownership of “Inki” or accuse them of confusing the market. Even after the $16M+ spams you have sent me Mike, I may have to side with you and join you in a suit against Omega for copyright and trademark infringment of Inki. At least I am using Inki within the “fair use clause” of the trademark law. Omega, on the other hand, appears to just want to steal Inki straight out from under you. Be careful!
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The “Inventing spam complaints” Myth
The silliest myth we have heard lately was recently repeated by Omega World Travel’s current counsel who would like you to believe he is convinced that WebGuy is actually asking for the email to be sent to him, then turning around and wrongfully claiming it to be spam. Duh, HELLO???
As a web hosting ISP, WebGuy.NET gets several hundred thousand spams per month. There is simply no need to “invent” violations that don’t exist. We wouldn’t be fighting a war on spam if we didn’t concentrate all of our efforts to fighting actual violators of existing spam law. To think that we would stoop so low as to entrap an otherwise innocent company into sending email, then pouncing on them with a spam lawsuit is ludicrous. |
The “Setting a canary trap to cause innocent senders to spam” Myth
Equally laughable is the idea that the canary trap we describe on this page is somehow used to “trick” otherwise innocent companies to initiate the sending of spam to us.
If you have received some spam and you know who the sender is then there is no need to use a canary trap. The canary trap is only necessary when trying to determine the identity of a sender of spam. If you already know who the sender is, a canary trap is not going to be very helpful. Canary traps do not CAUSE spam, they can only be implemented AFTER an illegal spam has been received.
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The “SUEaSpammer.com and WebGuy.NET *ARE* spammers” Myth
The second silliest myth we have heard is that we, ourselves are spammers as well as WebGuy.NET.
WebGuy Internet Solutions has been actively tracking and fighting spam since 1995. While spammers have been known to sue each other, as a web host, WebGuy.NET has always maintained a zero tolerance spam policy. Web hosting customers are immediately terminated when caught spamming.
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The “We sell cruise vacations” Myth
Omega World Travel’s attorneys would have you believe they are convinced that SUEaSpammer.com is attempting to confuse the public and fool people into thinking that it *is* selling cruise vacations and that it is stealing their business away by selling cruises here on this web site. Only an extremely desperate attorney could view this page and come to that conclusion.
We are a news and info site that chronicles one ISPs fight for a cleaner in-box. That is all. |
The “We solicit others to sue spammers” Myth
Apparently Omega also believes we are in business to extort money from innocent companies and actually pay others to do the same.
While we encourage others to sue spammers on their own, we do not offer any type of service or product that will enable you to do so. We provide links to various resources including the spam laws web site, webguy.net and others. We do not have anything for you to buy here. This is only a news and information site involving one ISPs fight against illegal spam.
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The “The CAN-SPAM Act eliminates 100% of all state spam laws” Myth
Omega’s attorneys would also have you believe they are convinced that the Federal spam law, the CAN-SPAM Act of 2003, completely supersedes 100% of all state laws. They further state that they believe that only the government can bring an action under the CAN-SPAM Act. So far, they have even been able to fool a federal judge into believing their lies.
The pre-emption clause of CAN-SPAM clearly does not preempt state laws that deal specifically with falsity or deception in ANY part of a commercial email message.
Oklahoma has passed two laws regarding fraud and deception in the use of commercial email messages. It is unlawful to include false statements such as the one in the Omega spams that claims *I* subscribed to their list myself when their own so-called proof of my opt-in corroborates my testimony that I didn’t.
Oklahoma spam law is very much alive and well in the wake of CAN-SPAM. As a result, we are appealing the judges August 12 order.
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The “www.SUEaSpammer.com is in business of extorting money from innocent companies” Myth
Leave it to the “jet fuel geniuses” at Omega to construe this site into some type of rip off scheme. Isn’t that a classic case of the pot calling the kettle black? Omega has claimed that Mark Mumma of WebGuy Internet Solutions has somehow “set them up” or tried to otherwise “trick them” into sending him illegal spam.
WebGuy doesn’t have any reason to do this as it would seriously jeopardize the war on spam. WebGuy has plenty of spam and does not need to invent new spam violations when there are hundreds of thousands from which to choose already. Anytime a spammer gets caught, they always try to shift the blame away from themselves. For Omega to claim that they were tricked or trapped is behavior WebGuy has come to expect.
WebGuy Internet Solutions’ anti-spam efforts have been featured in numerous high profile venues. WebGuy.NET, www.SUEaSpammer.com, www.OptOut1.com and MummaGraphics other anti-spam sites have been showcased on such venues as WiredNews.com, P.R.Web, , Yahoo News, Google News as well as on a recent NEWS9 (Oklahoma City CBS affiliate) televised newscast. A Google search reveals hundreds more pages.
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Use the map below to see what your spam law is by clicking on your state. The links below will take you directly to the SpamLaws.com web site where you can read your state’s spam law. Click a state below to get started.
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