Spamigation is mass
litigation
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
conducted to intimidate large numbers of people.
[Spamigation and How to Fight It](_blank)
by Dana Blankenhorn, accessed 8-25-06. The term was coined in 2006 by
Brad Templeton
Brad Templeton (born June 1960 near Toronto) is a Canadian software developer, internet entrepreneur, online community pioneer, publisher of news, comedy, science fiction and e-books, writer, photographer, civil rights advocate, futurist, public s ...
of the
Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ci ...
to explain the tactics of the
Recording Industry Association of America
The Recording Industry Association of America (RIAA) is a trade organization that represents the music recording industry in the United States. Its members consist of record labels and distributors that the RIAA says "create, manufacture, and/o ...
(RIAA), which files large numbers of lawsuits against individuals for
file sharing
File sharing is the practice of distributing or providing access to digital media, such as computer programs, multimedia (audio, images and video), documents or electronic books. Common methods of storage, transmission and dispersion include r ...
, and
DirecTV
DirecTV (trademarked as DIRECTV) is an American multichannel video programming distributor based in El Segundo, California. Originally launched on June 17, 1994, its primary service is a digital satellite service serving the United States. It ...
, which once filed large numbers of lawsuits against users of
smart cards
A smart card, chip card, or integrated circuit card (ICC or IC card) is a physical electronic authentication device, used to control access to a resource. It is typically a plastic credit card-sized card with an embedded integrated circuit (IC) c ...
.
Because of the costs of mounting a legal defense, almost all defendants in these cases tend to settle.
[Illegal downloads create unlikely defendants: Music industry seeks to protect copyrights](_blank)
by Amy H. Trang, ''The Courier-Journal'', July 31, 2006, accessed Aug. 25, 2006. The RIAA then uses the money from these settlements to "file more suits."
Spamigation is similar to a
strategic lawsuit against public participation
Strategic lawsuits against public participation (also known as SLAPP suits or intimidation lawsuits), or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with t ...
("SLAPP"), which is filed by a large organization, or in some cases an individual plaintiff, to intimidate and silence a less powerful critic by so severely burdening them with the cost of a legal defense that they abandon their criticism. Spamigation differs in that it aims at stopping an economic activity, in the case of the RIAA's lawsuits the copying of copyrighted material.
See also
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Abuse of process
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing ...
*
Chilling effect
In a legal context, a chilling effect is the inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction. A chilling effect may be caused by legal actions such as the passing of a law, the ...
*
Frivolous litigation
Frivolous litigation is the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with reason to know that it would certainly fail, or acting without a basic level of diligence i ...
*
Paper terrorism
Paper terrorism is a neologism to refer to the use of false liens, frivolous lawsuits, bogus letters of credit, and other legal documents lacking sound factual basis as a method of harassment. These methods are popular among some American anti-g ...
*
Pseudolaw
Pseudolaw consists of statements, beliefs, or practices that are claimed to be based on accepted law or legal doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established throug ...
*
Strategic lawsuit against public participation
Strategic lawsuits against public participation (also known as SLAPP suits or intimidation lawsuits), or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with t ...
*
Vexatious litigation
Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which ...
References
{{reflist
Legal terminology