Impulse Media Found Not Guilty in CAN-SPAM Trial
Government had 'absolutely no evidence' to back claims, attorney says.
By: Justin Bourne
Posted: 03/25/2008
SEATTLE
- A Seattle
jury found Impulse Media Group, aka
SoulCash, not guilty in the company's trial on charges that
it violated the CAN-SPAM Act.
Attorney Rob Apgood said he is very pleased with the verdict,
which came Monday after three hours of deliberation.
"I feel absolutely wonderful about the unanimous decision," he told AVN Online. "It doesn't get much better than that."
Apgood commended Impulse Media Group and owner Seth Schermerhorn for "going
all the way" with the litigation.
Apgood said the government largely overreached itself in trying to define the
statute to jurors.
"I've maintained that [the government] was mistaken throughout this entire
case and was torturing the definition of the CAN-SPAM Act," he said. "I'm glad
that somebody had the courage to stand up and tell the jury that the government
was trying to mislead them. The CAN-SPAM Act is actually a very important
statute with clear boundaries, which the government continues to try and blur."
Apgood said that ruling was the only logical conclusion, but he "never tries
to predict what a jury will do."
According to Apgood, the government failed to illustrate that Impulse Media
Group had a specific intent to encourage affiliates to promote their sites
through email in violation of the CAN-SPAM Act.
"There was absolutely no evidence presented in this case that supported their
debate," he said. "Frankly, I was personally offended by the abuse of
constitutional rights, as well as the Bill of Rights, in this case."
Apgood predicted that Impulse Media Group's victory will be huge for the
adult industry and help keep the government from overreaching its authority,
specifically regarding the CAN-SPAM Act.
