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Adam Guerbuez poses for a photograph Tuesday, October 5, 2010 in Laval, Que. (THE CANADIAN PRESS/Paul Chiasson) Eric Potvin, Adam Guerbuez's lawyer, speaks to CTV's Canada AM on Wednesday, Oct. 6, 2010. Adam Guerbuez

Facebook spammer's $1B fine is excessive: lawyer

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CTV News Video

CTV Montreal: Caroline van Vlaardingen reports
A Montreal man who has been ordered to pay Facebook $1 billion after allegedly plastering its members' online walls with a variety of nuisance messages can't pay the fine, but is getting priceless publicity.
CTV News Channel: Adam Guerbuez reacts to fine
A Montreal man, who spammed millions of Facebook users, explains why he feels his $1-billion punishment is disproportionate, but says he believes the media exposure could actually help him professionally.
Canada AM: Eric Potvin, lawyer
Adam Guerbuez's lawyer says his client has not yet reached a decision about what to do next. He explains while the courts have classified the messages as 'spam,' Guerbuez describes them as 'marketing' and is considering fighting the 'disproportionate fine.'

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Adam Guerbuez poses for a photograph Tuesday, October 5, 2010 in Laval, Que. (THE CANADIAN PRESS/Paul Chiasson) Eric Potvin, Adam Guerbuez's lawyer, speaks to CTV's Canada AM on Wednesday, Oct. 6, 2010. Adam Guerbuez

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Adam Guerbuez poses for a photograph Tuesday, October 5, 2010 in Laval, Que. (THE CANADIAN PRESS/Paul Chiasson)

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Date: Wed. Oct. 6 2010 8:56 AM ET

A Montreal man who spammed millions of Facebook users has been handed a disproportionate $1-billion punishment that favours a vengeful corporation, his lawyer said Wednesday.

Two years ago, a California court ruled that Montreal resident Adam Guerbuez had to pay US$873.3 million to Facebook for violating U.S. anti-spam laws.

Converted to Canadian dollars at the November 2008 exchange rate, that works out to damages of more than $1 billion.

Facebook then went to the Quebec Superior Court and asked it to uphold the U.S. verdict, which it did last week.

In its case against Guerbuez, Facebook alleged the Canadian tricked its users into providing him with their usernames and passwords. Then, in March and April of 2008, computer programs sent more than 4 million messages to Facebook accounts promoting products that included marijuana, erectile dysfunction and penis enlargement products.

But lawyer Eric Potvin said the punishment handed down to his client is excessive.

The fine "has no proportion with any of the loss or the profits sustained," Potvin told CTV's Canada AM during an interview from Montreal on Wednesday morning.

When the Quebec Superior Court upheld the judgment on Tuesday, Justice Lucie Fournier said that Guerbuez can no longer have a Facebook account or any contact with the popular social-networking site.

Guerbuez, who claims to have never admitted to sending the messages, considers himself a marketer and may even benefit from the situation he has found himself in, his lawyer said.

"I believe that this whole situation is definitely a plus for him as far as the marketing goes," Potvin said.

On his online Twitter account, Guerbuez describes himself as "The 873 Million Dollar Man."

There is some question as to whether Guerbuez can be compelled to pay any portion of the damages as he has filed for bankruptcy.

In an interview on Tuesday, Guerbuez told The Canadian Press that he doesn't have to pay damages because he is bankrupt.

"I officially declared bankruptcy and it was filed and put into effect over two months ago. This judgment was already deposed as part of the bankruptcy," he said in an interview.

Potvin said his client is entitled "to avail himself of the bankruptcy laws given that there is no way that he could ever repay a judgment of that magnitude."

With files from The Associated Press and The Canadian Press

Comments are now closed for this story

totaljustice
said

Spammers are one of the lowest forms of life. Not only should they be held accountable, the government should also go after the companies that pay these people to push their product. For the people who don't see the difference between mailbox junkmail and spam. I have never had to worry about getting hundreds of envelopes in my mailbox and certainly not letter mail advertising penis enlargement, pornography, or any of the other crap that spammers send. I think it's high time the governments of the world are going after these degenerates. Fine 'em all...and their advertisers too.


mrobvious
said

haha what you guys dont get is a good list of 100,000 numbers, names, emails and personal info can be sold for allot of cash, same lists different people too...i imagine 1 billion$ could be paid back quickly


Joe Canadian
said

I love it! If there was a way to get the telemarketer and all the other weasels that bombard us with their crap all day long I would be all for it!


Jay
said

While I agree with this man being fined (and heavily) for what he did, all the $1 billion dollar fine is saying is that our court system is more prone to cater to corporations demands. Someone who gets seriously hurt in an auto accident, and has been made a paraplegic for life is lucky if they can walk away with $1 million. Why should a faceless corporation be able to literally ruin one mans life, when no one person was harmed by his actions? Wouldn't jail time be more sufficient? Did his actions cost FaceBook $1 billion in lost revenue? This in my opinion is a gross abuse of the legal system, and those judges involved should be disbared for succumbing to the will of a corporation. I hope that this ruling doesn't set a new precedence...


carpe diem
said

Firstly, there no more automatic discharge after nine months for first time personal Bankruptcies anymore; I believe it is now 21 months.Secondly, civil judgments for damages, unless specifically excluded from a Bankrupt's estate in a judgment and/or by the Bankruptcy Act, usually form part of the general mass of creditors and do not survive the bankruptcy. (Specific exclusions include but are not limited to such things as fines - the most prevalent being parking tickets - and alimentary support obligations.)So, it looks like our Facebook spammer is getting away with little more than a slap on the wrist. I'm sure this came as no surprise to Facebook because their lawyers must have known that there was no way that he would be able to satisfy the judgment's damage award. To me, Facebook wanted to send a strong message and they certainly accomplished that.


noel mcleod
said

For thos who don't think the big fine was justified, keep in mind the amount of resources on the internet and the amount of people's time ths sociopath wasted and which is wated every day by scum of this sort. Think about how many people, how many servers, how much bandwith and moeny is used just to deal with dirt like him illegally pitching fake Viagra and junk watches. he is not contributing to society in any significant way and deserves nothing but contempt.


Marcel Messier
said

Another reason why users of Facebook should smarten up and get out of of it (note that this also applies to Twitter). One cannot expect to share everything on the web and expect privacy. If you want to keep some of it, get out of Facebook.


Michael
said

Is the fine excessive? Sure it is, but it will certainly get the message across.Now to deal with all the Rolex and Viagra spam I get as well. All that should bring in billions.


Cam
said

I get unwanted emails all the time, who cares, I don't read unwanted mail I delete it. What's the big deal, anyone that complains about unwanted mail should go back to kindergarten & learn to grow up, this charge is ridiculous.


Steve T.
said

Smarter than you: I think you're partially right. A court order is not absolved by a bankruptcy discharge. It remains a debt.


realist
said

Hey "Smarter then you": It's spelled "Smarter THAN you." LOL


Mike vdB - Chatham, ON
said

@ Jason Crawford:No one likes SPAM. I wish it would go away regardless of whether it comes in email form or through the postal service. Email SPAM is horrendous and usually contains some sort of virus or Trojan that has the main purpose of causing problems or stealing information. Luckly (at this point), although postal advertising is unwanted crap, it is pretty harmless. I am sure though, you would be more than upset if you were receiving anywhere from 30 - 100 (or more) pieces of junk mail per day from good ole Canada Post which bestow the virtues of get rich schemes and erectile dysfunction pills.


Smarter then you
said

Mtlguy: The point of bankruptcy is your previous debt is erased. Income or winning the lottery after you have been discharged after 9 months of being bankrupt is yours to keep, thats the law.


Jason Crawford
said

So let me get this straight, he got fined $1 billion for bugging people. Funny, I get bugged every time I open my postal mailbox by intrusions such as this in paper form but then I have to deal with this refuse and dispose of it unlike spam which I can just ignore. Not to mention the millions of trees each year that get used for postal spam and and need to be disposed of by recycle companies, ridiculous.


Mtlguy
said

The judgment stands for 10 years in Quebec, presumably he will start to earn some form of income within that span of time, and that income may be seized. Or he can live destitute for the next 10 years to avoid paying


tintio2010
said

At least his credit will be crap for 7 years. Good luck getting a loan of any type. Stop bugging people with needless junk.


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