Around Labor Day 2003, Shiksaa's outrage at The Gang That Couldn't Shoot Straight (Marin, Richter, Waggoner, and company) finally began to fade. She would never forgive them for publishing her and her dad's personal information on the Internet. But it appeared that the spammers' litigation against her and the rest of the Nanae Nine had imploded.
On September 3, the mysterious EMarketersAmerica.org (EMA) voluntarily withdrew its lawsuit after realizing it was about to backfire horribly. The EMA had hoped to sue anti-spammers into unmasking the operators of Spews. But it became clear that the lawsuit would expose EMA members' own operations to the same risk. Pete Wellborn, the attorney representing the defendants, had been crowing that he would use the legal discovery process to thoroughly dissect the companies responsible for the litigation.
The day after Wellborn filed a withering 110-page motion to dismiss, EMA attorney Mark Felstein waved his white flag. It was the second humiliation for Felstein in recent months. In June, the New York Bar Association had denied the Florida lawyer's petition for admittance, citing Felstein's history of substance abuse and criminal record. "We are not satisfied that petitioner presently possesses the character and general fitness requisite for an attorney and counselor-at-law," wrote the state's Supreme Court panel.
But Wellborn and his clients weren't going to be content with a Pyrrhic victory. They wanted to send ...