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Prospective
"Home Based Business" Participants...
Please read These
Materials Before You Spend Any Money!
You Owe it to Yourself and Your Family to do your Due Diligence!
Are
you SURE the testimonials you hear on a conference call aren't
shills? Are you willing to bet your future on it? Read the
materials at the link above first!
Are
you sure emails being sent on your behalf aren't fraudulent
or otherwise illegal spam? Can you prove that your email recipients
expressly asked you for information or otherwise gave you
permission to email them? Is it even possible to do email
blasts in the huge numbers required to scrape up a few leads
that are truly to opt-in lists? Without having to do all the
tricks to evade filters? Without having to use so-called "bulletproof"
hosts? Don't wait 'till you get sued or prosecuted for spamming
to find out the hard way!
Please see http://www.theclubbuiltonspam.com/1upautomated.html
for information on the 1upautomated spam problem.
New 1UpAutomated
Copycat Schemes
There are a number
of new schemes that have "filled the vacuum" of
1UpAutomated, but are very similar, down to all of the trappings:
- Flash animation
appealing to greed and/or desperation, implying quick, easy
money without significant amounts of effort, often referred
to as a "Movie"
- Earnings are
primarily derived from the recruitment of new members, and
the first one or two members recruited by the new members'
recruits (hence the term "1-Up or 2-Up")
- The purported
"product" is of little tangible value, such as
sales training and motivational materials provided on CD,
downloaded, or available on a private web site.
- Marketing done
in large part or exclusively by "email blasts"
- Use of so-called
"bulletproof" hosts
Good expose
and explanation of 1UpAutomated in the media
Excerpt from St.
Petersburg Times article on 1UpAutomated and similar internet
marketing pyramid schemes:
Under any
name, consumer protection experts view spam such as JDO
Media's as a classic pyramid scheme, in which participants
try to make money solely by recruiting new participants.
Before the Internet, such get-rich-quick schemes were promoted
word-of-mouth and on telephone pole flyers. Now they're
being advertised worldwide at hyperspeed.
One more advantage
to the Internet: It created potential new products, such
as e-mail databases, that made it easier than ever for pyramid
schemers to disguise the true nature of their operation
by appearing to offer a legitimate product.
"In a
pyramid, the product is a fig leaf," said [Federal
Trade Commission acting associate director James] Kohm,
who declined to comment specifically on JDO Media's operations.
"And you don't want to spend money on a fig leaf."
Excerpts
from the Oklahoma Pyramid Promotional Scheme Act
"Pyramid promotional scheme" means
any plan or operation by which a participant gives consideration
for the opportunity to receive compensation which is derived
primarily from the person's introduction of other persons
into the plan or operation rather than from the sale of goods,
services or intangible property by the participant or other
persons introduced into the plan or operation... 21 O.S. 1072(B)
[Emphasis added]
Any person who promotes a pyramid promotional
scheme shall be guilty of a felony and, upon conviction, shall
be punishable by a fine of not more than Ten Thousand Dollars
($10,000.00) or by imprisonment in the State Penitentiary
for not more than ten (10) years, or by both such fine and
imprisonment, for each violation of this act. 21 O.S. 1073
Selected
documents from Braver vs. JDO Media, Inc., et al
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Braver vs. JDO Media, Inc. et al |
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NEW
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UPDATE
- January 12, 2004 - On October 26, 2004, co-defendant
Jeffrey Mills filed a Motion to Dismiss on the basis
of lack of personal jurisdiction and failure to state
a claim on account of the two operative Oklahoma statutes
being pre-empted by the CAN-SPAM Act.
Braver filed
a motion requsting attorneys' fees and for sanctions
against Mills' attorney for filing a frivolous motion,
in addition to the response and objection to Mills'
motion.
At today's
hearing, Mills' Motion to Dismiss was "overruled
in all respects" and Braver's Motion for (exemplary)
Sanctions was also overruled. However, the court will
hear the matter on Braver's motion for attorneys' fees
at a later date.
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Selected
documents from Microsoft Corp. vs. JDO Media, Inc., et al
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JDO's
Motion to Dismiss |
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JDO's
affidavit in support of MTD - points the finger at Tim
Roland, Tony Lampert, and Erik Summers |
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Microsoft
vs. JDO Media et al - 1st Amended petition naming Tim,
Tony, and Erik |
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Tony
Lampert's Answer to First Amended Petition |
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Erik
Summers' Answer to First Amended Petition |
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Microsoft's
Motion to Amend to add John McLeod (JDO Media President)
as a defendant in his individual capacity |
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Microsoft's
Declararion in support of the above Motion to Amend including
excerpts of depositions discussing who comprised 1UpAutomated
and who got paid |
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MOTION
to Compel Documents from JDO Media, Inc. by Plaintiff
Microsoft Corp. Noting Date 12/17/2004. (Attachments:
# 1 Proposed Order)(Dzielak, Robert) (Entered: 11/29/2004) |
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DECLARATION
of Robert J. Dzielak filed by Plaintiff Microsoft Corp
re 26 MOTION to Compel Documents from JDO Media, Inc.
(Dzielak, Robert) (Entered: 11/29/2004) |
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ORDER
granting 24 Plaintiff's Motion for Leave to File amended
complaint by Judge Marsha J. Pechman.(MD, ) (Entered:
12/03/2004) |
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Second
AMENDED COMPLAINT against defendant all defendants, filed
by Microsoft Corp.(Dzielak, Robert) (Entered: 12/03/2004) |
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PRAECIPE
TO ISSUE SUMMONS by Plaintiff Microsoft Corp. (Attachments:
# 1 Summons)(Dzielak, Robert) (Entered: 12/03/2004) |
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MOTION
to Withdraw as Attorney by Defendant JDO Media Inc. Noting
Date 12/20/2004. (Attachments: # 1 Proposed Order)(Swope,
Karin) (Entered: 12/09/2004) |
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ORDER
granting 26 Plaintiff's Motion to Compel by Judge Marsha
J. Pechman.(MD, ) (Entered: 12/21/2004) |
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ORDER
Granting re 31 MOTION to Withdraw as Attorney filed by
JDO Media Inc, by Judge Marsha J. Pechman. (MD, Copy to
JDO Media Inc ) (Entered: 12/21/2004) |
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MOTION
for Default against Defendant JDO Media, Inc. by Plaintiff
Microsoft Corp. Noting Date 12/21/2004. (Attachments:
# 1 Proposed Order)(Dzielak, Robert) (Entered: 12/21/2004) |
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DECLARATION
of Robert J. Dzielak filed by Plaintiff Microsoft Corp
re 34 MOTION for Default against Defendant JDO Media,
Inc. (Dzielak, Robert) (Entered: 12/21/2004) |
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Stipulated
MOTION for Entry of Order Granting Plaintiff Microsoft
and Defendant Roland's Permanent Injunction by Plaintiff
Microsoft Corp. Noting Date 1/5/2005. (Attachments: #
1  Proposed
Order)(Dzielak, Robert) (Entered: 01/05/2005) |
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ORDER
GRANTING PLAINTIFF MICROSOFT AND DEFENDANT SUMMERS' STIPULATED
PERMANENT INJUNCTION filed by Microsoft Corp, by Judge
Marsha J. Pechman. (MD ) (Entered: 03/16/2005) |
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