EarthLink wins case against spammers
'Substantial' cash settlement
EarthLink Inc. declared victory this week in a court case against two men accused of spamming from its network.
The men, Damon DeCrescenzo and David Burstyn, were ordered to stop sending spam and to pay an undisclosed cash settlement to EarthLink Inc. (described by the company's legal representative as 'substantial').
EarthLink filed a lawsuit in August 2003, detailing a spam operation that used phone lines, falsified names and addresses and shell companies to send out more than 250 million spam messages. EarthLink claimed that the group engaged in identity theft to set up EarthLink accounts that were then used to send spam. The lawsuit was amended in February 2004, naming 16 individuals, including Burstyn and DeCrescenzo.
While the status of cases against the other defendants has not been revealed, the assistant general counsel for EarthLink said that Burstyn and DeCrescenzo have agreed to provide additional information about issues raised in the company's lawsuit.
26 January 2005
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