Buck stops here: Joe McNicol. PICTURE: STEVE FERRIER
Chips are down over spam By Sean Cowan
JOE McNICOL is sick of junk email.
But unlike most of us, the 37-year-old South Lake man is doing something about it, fighting a David-and-Goliath battle against an East Perth direct marketing company that could decide the future of spam.
Click here for the full story featured in most Australian papers, this version from the Melbourne Age.
Joey beats spammer!
In a judgement handed down on October 14th 2002, the case brought by Wayne Mansfield of t3Direct against Joey McNicol was dismissed.
The original complaint was that Joey made unfounded complaints that t3Direct was sending bulk email.
It seems Mansfield shot himself in the foot with his own evidence in which he stated "the plaintiff does not deny that they do send bulk email as part of their business".
The court noted that if this is the case, Joey's complaint was hardly unfounded.
The full judgement can be viewed here. (3Mb .PDF file)
Legal Documents
Appeal against judgment - 24th October 2002
appeal.pdf 40Kb - 3 pages
Judgement of District Court - October 14th 2002
judgement.pdf 3Mb -7 pages (sorry I did not make .PDF so can't reduce size)
Supplementary affidavit filed in District Court - September 20th 2002
supp_affidavit.pdf 90Kb 10 pages
Plaintiff's Outline of Submission in response to Defendant's Application for Summary Judgment- 16 July 2002
20020715.pdf 0.6mb, 28 pages.
Defendant's Outline of Submissions in support of Application for Summary Judgment - 14 July 2002 20020714.pdf 1.2mb, 38 pages.
Affidavit of Wayne Mansfield, 02 July 2002 20020704.pdf 2.6mb, 87 pages.
Affidavit of Joseph John McNicol, in support of Defendant's application for summary judgement, sworn 04 June, 2002, with Annexure JJM1
dated 04 June 2002 - PDF_22961.pdf
Chamber Summons - Defendant's Application for Summary Judgement, Pursuant to Order 16 Rule 1
dated 04 June 2002 - PDF_23013.pdf
Memorandum of Appearance, filed on behalf of Defendant
dated 30 May, 2002 - 20020530-02.pdf
Letter from solicitor for defendant to solicitors for plaintiff re summary judgment
dated 30 May 2002 - 20020530-1.pdf
The Initial Summons between The Which Company Pty Ltd trading as T3Direct and Joseph McNicol,
dated 24 May, 2002 - 20020524-1.pdf
TV Media Coverage
ABC Lateline WA - Fri 7 June, 2002.
Needs Microsoft Media Player
Seven News Perth - Mon 3 June, 2002.
Needs RealPlayer
Nine News Perth - Mon 3 June, 2002.
Needs RealPlayer
Ten News Perth - Mon 3 June, 2002.
Needs RealPlayer
Related
Links
Another T3 Direct v McNicol site.
www.joefightsspam.org
Another T3 Direct v McNicol site.
winchester.ii.net/spamsuit/
more...
| Item on ABC Law Report , Radio National, Tuesday October 22 LISTEN TO MP3 LISTEN TO ABC REAL AUDIO DIRECT LINK TO TRANSCRIPT Bulk emailer to ponder appeal - October 15 2002 The West Australian - Fran Spencer DIRECT LINK Appeal likely in anti-spam case - October 15 2002 australianit.news.com.au - Caitlin Fitzsimmons DIRECT LINK Spam fighter wins junk-mail case - October 14, 2002 australianit.news.com.au - Caitlin Fitzsimmons DIRECT LINK Court rules against spam merchant - October 14th, 2002 abc.net.au DIRECT LINK more... There are many other news items that say pretty much the same things. For a more comprehensive listing t3-v-mcnicol.org Spam Articles Spam flood forces companies to take desperate measures CNET News.com By Stefanie Olsen , March 21, 2002, 4:00 a.m. PT DIRECT LINK | MHT ARCHIVE Spam threatens to choke internet - 05.06.2002 The New Zealand Herald By ALISON HORWOOD DIRECT LINK | MHT ARCHIVE Making Spam Go Splat Sick of Unsolicited E-Mail, Businesses Are Fighting Back By Caroline E. Mayer and Ariana Eunjung Cha Washington Post Staff Writers Sunday, June 9, 2002; Page H01 DIRECT LINK | MHT ARCHIVE |
The Evidence Archives
Numerous people have collections of the Unsolicited Bulk Email sent to them from T3 Direct. This collection places them all in the one place, possibly for use in court as evidence of the activities of T3 Direct. t3-v-mcnicol.ilaw.com.au/evidence/
There are currently around 300 spam samples in the evidence archives and for the time being we are not seeking further samples.
The current winner of our 'Most T3 Spam Received' is Steve Davis from Queensland. Since he started keeping them on June 21 2002, Steve has received 26 different items from t3Direct (most recent October 4th). We will accept nominations that can beat this.
The current winner of our 'Earliest Recorded T3 Direct Spam Sample' Competition is Mark Reynolds, of Reynolds Technology Pty Ltd, with that sample dated Mon, 16 Oct 2000 17:44:50 +0800.
If you can beat that, please, send it through, and we'll acknowledge your contribution here.
The winner of the 'Who Blocked T3 Direct First' Competition, is currently iiNet Ltd, with archives available of Wayne Mansfield himself complaining of the fact. Sun, 11 Oct 1998 22:49:33 +0800
Follow the thread for more insight ... Aren't archives wonderful ?
From: Wayne Mansfield [mailto:wayne@scom.net] Sent: Sunday, October 11, 1998 10:44 PM To: waia@waia.asn.au Subject: How do you get a fair hearing I have been trying to get a complaint resolved about being placed on a "Blocked List" and even my emails to the association are bounced. That can't be fair or is the association a dictatorship run by and for the exclusive benefit of iinet?? Wayne Mansfield wayne@scom.net