Microsoft Collects on Default Judgment Against Spammer
In October 2004, Microsoft Corp. filed suit against John Does 1-50, d/b/a Myauctionbiz.biz, for alleged “unauthorized use of Microsoft’s computers and computer systems to send millions of misleading and deceptive unsolicited commercial e-mail messages, or ‘spam,’ in violation of federal and state law and Microsoft policies.”
Eventually, Microsoft identified a number of the unknown defendants, including Saul Waizer, a Florida resident, who Microsoft alleged was involved as an affiliate in the spam operation.
Mr. Waizer did not answer Microsoft’s complaint and in November 2006, a default judgment was taken against him in the amount of $57,000.
The news here is that Microsoft appears to have collected the full amount of this judgment. On May 28, 2008, it filed a Full Satisfaction of Judgment Against Saul Waizer stating:
“Microsoft … hereby acknowledges receipt of full satisfaction of the judgment against Judgment Debtor/Defendant Saul Waizer under the Judgment entered by the Court on November 27, 2006 …, along with all interest that has accrued on the judgment and any related fees and costs.”
Collecting on a default judgment? Against an out-of-state spammer? That’s remarkable!
Michael Atkins
A reader offline suggested that Microsoft may not have collected a dime from Mr. Waizer; that it filed the full satisfaction of judgment pursuant to a settlement agreement in recognition of Mr. Waizer’s having fulfilled his obligtaions under the agreement for an agreed-upon period of time. That may be true. Since I’m not privy to the settlement agreement, I can only go off the text of the full satisfaction. It says: “Judgement Creditor/Plaintiff Microsoft Corporation … hereby acknowledges full satisfaction of the judgment …, along with all interest that has accrued on the judgment and any related fees and costs.” Anyone else care to weigh in?
Post a Comment
View Printer Friendly Version
Email Article to Friend
Reader Comments