STOP spamming Facebook !!! - Spammer ordered to pay $1 Billion

by jayman
40 replies
Apparently, he was promoting medication to treat erectile dysfunction on Facebook.

Adam Guerbuez Ordered To Pay $873M To Facebook For Spamming

Written by Staff and Wire Reports Alerts Oct 6, 2010 Tweet

Adam Guerbuez calls himself the $873 million man for a reason. Guerbuez, an Internet marketer was ordered by a court in Quebec to pay Facebook more than $1 billion in fines. Guerbuez had a California court judgment upheld last week in the Superior Court of Quebec last week.

Guerbuez was fined $100 U.S. in damages and $100 U.S. in punitive damages for each of the 4,366,386 spam messages that Facebook said he posted on users' walls in 2008. This added up to $873,277,200. When converting this to Canadian dollars, it is $1,068,928,721.46. "I don't spam. I've never admitted any guilt on anything they accused me, and I won't" stated Guerbuez.

Guerbuez did not contest the suit because it would cost too much. For a major trial in a foreign jurisdiction, Guerbuez said that it would cost him at least $100,000. Guerbuez's lawyer Éric Potvin appealed the case out of principal because he believed the fines were out of proportion to what a Canadian court would have ordered. The Quebec Superior Court Justice Lucie Fournier disagreed with Guerbuez's lawyer and went along with the decision of the California court.

Guerbuez filed for bankruptcy in August and Facebook became one of his creditors. Guerbuez receive a lot of attention as a large-scale Internet marketer as a result of the court case.

Adam Guerbuez Ordered To Pay $873M To Facebook For Spamming | The Market Financial | Stock Market & Wall Street News

#billion #facebook #ordered #pay #spammer #spamming #stop
  • Profile picture of the author thenns
    Wow! USD1B! Spammers are not winners... Take heed!
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  • That is a bit excessive in my opinion but something needs to be done to clean up our industry, there are way too many spammers and illegitimate marketers out there!
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  • Profile picture of the author LondonPaladin
    That level of spamming is very naughty. I doubt he'll end up paying that much though. I'm sure he'll negotiate it down. To just 100million or so.
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  • Profile picture of the author thenns
    Still a lot of money
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  • Profile picture of the author tsgeric
    I'd like to know more details. Are they implying it's emails, or postings to groups, or facebook ads (which generally require approval.). And the biggest question I have is, if he really was in violation of the law (really, the law, not just FB's ToS), how can it have gone on so long without anyone noticing?

    While it is ridiculous, from the perspective of a consumer advocate, it's good to see laws and restrictions that have teeth.

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  • Profile picture of the author George Chernikov
    And this, ladies and gentlemen, is why you should never engage in spamming or anything illegal as a sole proprietor with unlimited liability. Sooner or later, he had it coming.
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  • Profile picture of the author Jason Fulton
    I'm interested in "how much money he made from spamming facebook"? , With that high a risk you would hope to make a little back for your efforts
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  • Profile picture of the author warriormaiden
    It's a lot of money!... You need more luck for that!
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  • Profile picture of the author addison.agnote
    WTH? 1b is too much. LOL
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  • Profile picture of the author henndi
    krass... thats really strange.

    Imaging you own a salespage which publish for every single visitor a different content, based on his personal needs...

    How much percentage your salesrate should be increase?

    Look at this game changing software

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  • Profile picture of the author alfredopalconit
    wow. thats too much.
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  • Profile picture of the author John Atkins
    How much did he make from that spam? Lol...
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  • Profile picture of the author lacraiger
    thats greedy of facebook to do that
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  • Profile picture of the author Samuel Baker
    Excessive does not describe that fine.
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  • Profile picture of the author Rukshan
    What a damage to FB.

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  • Profile picture of the author fated82
    Wow....That's like buying part of FB...I wonder what was he thinking when he spam....
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  • Profile picture of the author Terry Loving
    I got a reminder from an attorney - Terms of Service Documents - Especially on Facebook - (as well as others) - When you click the "I accept" button you are signing a legal document. Read the fine print.
    On Facebook, this is one reason many folk's "personal profile" gets shut down - they've been conducting business on that page and are not in compliance with the terms of service. Early on, FB did not have this stipulated. Today they enforce it and others (your competitor?) can "report" you.

    So get a personal profile (required) then start a business Fan Page to do your business - and read the fine print. Spamming is just something a conscious IM business person really should not do. It feels icky.

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  • Profile picture of the author Coby
    He was just trying to help all the guys out there (erectile disfunction) . . . lol, and I guess the gals too, to an extent.

    Seriously though, 873 M usd is a bit much, however, I remeber I used to get at least one message a day on Myspace back in the day about erectile disfunction or 'organ growth' so if he snet 4 M messages he kinda had it coming. . .

    He might not have got in so much trouble if he had promoted puppy medicine instead . . . People don't seem to be as sensitive to that type of spam, but if you spamming a product that embarasses people and invades their privacy you kinda get whats coming to you.

    I'm not saying don't promote Viagra, cialis, or ??? Just do it properly.

    Unfortunately, I don't think this will have much effect of other spammers and will actually probably help this guy out a lot (someone say free publicity??), now everyone will want to see what he was doing.
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    • Profile picture of the author mcmahanusa
      I don't see anything that indicates whether or not his product was effective.

      On a serious note, it is nice to see the publicity, even though the chances of any of that fine ever being paid range from slim to none. If just a few slimy spammers are deterred it will be great. Doubtful, though.

      Success is not to be pursued; it is to be attracted by the person you become - Jim Rohn

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  • Profile picture of the author Luffe
    Well he doesnt look like he is starving, lol so might have made some $$$ of it.
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  • Profile picture of the author Kim Standerline
    Gosh he could have bought Facebook for that..

    Take a while to pay that off lol

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  • Profile picture of the author Caleb Spilchen
    Crappy Exchange Rate .

    I agree with the author. I Don't think a Canadian court would order the payment of 1Billion dollars.

    Canadian Expat Living in Medellin, Colombia

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  • Profile picture of the author Gail Sober
    I'd bet the bulk of his money is getting a tan in the caribbean somewhere. He'll file bankruptcy then buy a private island somewhere.

    I doubt he's gonna starve.
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  • Profile picture of the author N4PGW
    Good for Facebook. Good for the law.

    For those of you who think it is a bit high, it was only $100 plus $100 punitive damages. Whose fault is it that he spammed over 4 million posts to walls? Ten or even 50 walls could be a mistake, maybe even 100, but 4 million is very intentional!

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  • Profile picture of the author ChickenMan
    Wow. Course, this is why I have such high privacy settings on Facebook. I won't accept nor befriend anyone unless I know them or they go to school with me.

    And that's if they can search for me in facebook

    If money grew on trees, we'd all die from a lack of oxygen.

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  • Profile picture of the author Dominium
    Well I wish spammers read this "news" and change their habbits "a bit" ... hate spamming!

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  • Profile picture of the author sarahberra
    Yikes! I share my articles along with pictures of my kids on facebook, but that's about it.
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    • Profile picture of the author jayman
      Some insights on how he operate his spam on FB. And he is hoping to convert his notoriety into a book or movie deal.

      Adam Guerbuez, seen here in a photo from his website, allegedly sent 4,366,386 spam ads to Facebook users in just two months. (Photo courtesy of MONTREAL - A Montreal man who sent more than four million spam e-mails to Facebook users over a two-month period was ordered to pay the social media giant more than $1 billion in compensation.

      Adam Guerbuez did not admit to sending the spam. But he also did not contest the Sept. 28 Superior Court ruling, which upheld an earlier decision by a U.S. District Court judge in San Jose, Calif.

      Guerbuez was fined $100 US for each of the 4,366,386 spam messages that were posted onto Facebook profiles in March and April 2008. With punitive damages and the exchange rate factored in, Guerbuez owes $1,068,928,721.46. He's also barred from opening a Facebook account.
      The self-described online marketer says Facebook will have difficulty collecting the sum now that he has filed for bankruptcy.

      Facebook says Guerbuez posed as a friend and posted ads for various products on a user's wall, an area of the online profile page where users share website links, pictures and other information.
      Quebec Superior Court Justice Lise Fournier wrote in her ruling that the barrage of spam was unprecedented.

      "Facebook had never been targeted by as much spam and the method used was particularly efficient given that the spam appeared to be coming from users' friends," the judge wrote last week.

      According to Facebook, Guerbuez fooled its users into providing him with their usernames and passwords. One method was the use of fake websites that posed as legitimate destinations.
      After Guerbuez gained access to user's personal profiles, he used computer programs to send out millions of messages promoting a variety of products, including marijuana and penis-enlargement products, Facebook said.
      Fournier wrote that Guerbuez has earned "very significant revenues" from his online business.

      Guerbuez argued that the fine was excessive, adding that spam is nothing more than a nuisance.
      "If there's anything that does hit my e-mail box that I didn't ask to receive, I'll simply press the delete button," he said in a statement posted on his website.
      "That's what it's on the keyboard for."

      Man fined $1B for sending Facebook spam | Canada | News | Toronto Sun


      Facebook calls him a spammer and a U.S. court has fined him US$873 million. But Montreal's Adam Guerbuez doesn't seem to care; he calls himself the US$873 million man and says he won't pay a cent.

      Last week, Quebec Superior Court reportedly upheld a November 2008 U.S. judgment against Guerbuez after he was found guilty of sending out more than 4 million penis-enlargement, marijuana and pornographic spam messages via Facebook. It was the largest-ever award under the U.S.'s federal antispam law.

      Guerbuez did not respond to a request for comment -- on his blog he said he is being bombarded with media requests -- but earlier this week he told the Canadian Press that he has filed for bankruptcy and doesn't have to pay anything to Facebook.

      Instead, he hopes to convert his notoriety into a book or movie deal.
      In its court filings, Facebook said Guerbuez stole passwords through phishing attacks and used a botnet of hacked computers to access Facebook accounts without authorization. If true, that would make his actions subject to a criminal prosecution in addition to the civil judgment against him.

      But he seems happy with the attention. He has called a press conference for Wednesday and filled his blog with posts that show him living the high life in Las Vegas and Beverly Hills, and dining out at pricey restaurants such as Montreal's Queue De Cheval.

      Facebook asked the Canadian court to uphold the U.S. judgment against Guerbuez after he failed to show to fight the charges in the U.S. District Court for the Northern District of California.

      After the U.S. judgment was upheld, Guerbuez wrote on his website: "I look forward to some solid press as history has been made, yet once again."
      Guerbuez seems to be obsessed with his status as the U.S.'s most heavily fined spammer. There is an eerie video on his website of a trophy with a hologram of Guerbuez's head inside it, and a celebratory blog post encouraging media to contact him following his listing in the Guinness Book of World Records for the largest fine under the CAN SPAM act. "If you wish to discuss a book deal or film project, you can contact me as well," he wrote.

      Facebook Spammer Tries to Cash in on $873 Million Fine - PCWorld Business Center
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  • Profile picture of the author Owen Smith
    Wow this is a high amount, but It is a little unfair. Look at all the spamming applications that post comments on others walls? What about these?

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    • Profile picture of the author WarForNom
      Originally Posted by Owen Smith View Post

      Wow this is a high amount, but It is a little unfair. Look at all the spamming applications that post comments on others walls? What about these?
      $873 per each and we'll have the federal budget deficit cleared in less time than it takes to become a bajillionaire via Internet Marketing.
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    • Profile picture of the author Tom Goodwin
      Originally Posted by Owen Smith View Post

      Wow this is a high amount, but It is a little unfair. Look at all the spamming applications that post comments on others walls? What about these?
      Well, there isn't precedent for that being illegal (assuming you actually do it from your own account ;-0 ). This dude isn't in trouble for spamming some dude's walls. He is in trouble for for basically being a hacker and doing malicious activity.

      It seems like a larger percentage of IMers see the headline and all they come up with the conclusion that spamming = illegal, when in reality it has to do with the spam emails in this case. Spam email communications (perhaps PMs...that is up for debate) are just in a different class and are treated so by the law.
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  • Profile picture of the author vpgemini
    Thats funny. I think people are not only sick of spammin but more importantly those stupid viagra and medicine ads.
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    • Profile picture of the author Thomas Buckley
      Originally Posted by vpgemini View Post

      Thats funny. I think people are not only sick of spammin but more importantly those stupid viagra and medicine ads.
      So thats where they got the 1billion to fund part of that social network movie :O

      haha yea i hate those viagra spam too...

      Ní hé lá na gaoithe lá na scolb - The windy day is not the day for thatching.

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      • Profile picture of the author Will Compton
        Now this guy's gonna be a debt slave to Facebook the rest of his life...

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  • Profile picture of the author susiem
    I agree that is an excessive amount of money. I also agree spammers need to be dealt with ,but I dont think thats the answer in placing a huge amount of money on the individual. I believe a worse area of issues is also warrant for a looking into other than spammers and that is deliberate defaming innocent victims. So a course of action needs to be look at elsewhere as well.
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  • Profile picture of the author bobbobson
    I just looked at his blog - I actually can't say I blame him for trying to salvage something about this. If the 'book/movie deal' he keeps mentioning isn't forthcoming, he's screwed. But if the reports about what he did were true, he's 100% blackhat anyway. You play with hand grenades, don't get mad if they blow up.
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  • Profile picture of the author DogScout
    to many, a billion dollar fine IMPLIES (wrongly) that he made a billion.

    Many also think all internet marketers are spammers or crooks anyway.

    That makes many think he is the 'King' of IM. Even bigger than those using trade unions.

    He filed for bankruptcy and will no doubt make more on the publicity than he did spamming. Who says crime doesn't pay?
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