In January 2007 at Affiliate Summit, people were buzzing about MySpace filing a lawsuit against Scott Richter’s company, Optinrealbig.com, alleging that he sent out millions of unsolicited “bulletins” to MySpace members.
At the time, CNET News.com reported…
“According to MySpace, Richter gained access to MySpace user accounts via phishing schemes, or took control of accounts that had already been phished, and then used the service’s bulletin feature, which sends messages to all of a user’s “friends,” to churn out unsolicited messages that advertised products ranging from Polo shirts to cell phone ringtones.
The suit is aiming for monetary damages and an injunction that would permanently ban Richter and his affiliates from MySpace. The amount of money sought by MySpace has not been disclosed.”
After all the headlines, I didn’t hear much about the lawsuit… until just now.
According to a document dated August 13, 2007 from the United States District Court, Central District of California, the Court denied MySpaceâ€™s Motion for a Preliminary Injunction, and granted Optinrealbig.com’s Motion to Compel Arbitration, and dismissed the case.
If MySpace wants to pursue it’s claim, they will have to file an Arbitration Claim.
So despite being on the receiving end of lots of negative media earlier this year, Scott Richter now gets a big win. And I guess MySpace will be issuing a press release that says, “Oops.”
I touched base with Steven S. Richter, Esq., President and General Counsel for Media Breakaway, LLC (f/k/a/ OptInRealBig), about the ruling and he replied…
The question on everybody’s mind right now has got to be whether Tom will send a friend request to Scott Richter.