Spam Wars - The spammer lost in court, but will they pay?

Posted on Tue 19 February 2008 in Spam wars


It's arrived, the County Court Judgement against the spammers known as Cybernet Media Limited and Chris Mortimer. The court awarded me 100 in compensation and a further 325 in costs (425 in total). The big question now is will they pay? They have until the 28th February.

I admit this still isn't really what I wanted. In the original court documents I asked for two things.

Firstly, for them to pay the charges I told them I expected them to pay if they continued to send spam - at a rate of 50 + VAT per email. The judge said he couldn't award that because it didn't reflect the costs their breaking the PECR regulations incurred me. In his words, I could have asked for a million pounds per email and it wouldn't be a valid claim. If however those particular emails had stopped our system working and the repair had cost a million pounds then that would be allowable. I'm not unhappy with the judges decision, it's perfectly logical, but I understand why others don't bother trying to stop spammers - it's simply not worth the time.

Secondly, I asked for them to put in writing that they would stop sending the spam and follow the regulations. The judge couldn't order that (not within his powers) and as we know from reading the comments of my earlier posts Cybernet Media continue to send spam, not because they don't know the regulations, just they choose to ignore them.

I'll update the blog if there are any developments.