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Note, Roy Cox was previously sanctioned and fined for the exact same behavior - his $1M settlement was suspended due to "inability to pay". https://www.ftc.gov

Note, Roy Cox was previously sanctioned and fined for the exact same behavior - his $1M settlement was suspended due to "inability to pay". https://www.ftc.gov/news-events/news/press-releases/2013/02/robocaller-banned-telemarketing-settlement-ftc https://www.ftc.gov/news-events/news/press-releases/2013/02/...

edgyquant 3y ago
So take every cent from him and jail him if he makes no cents. Inability to pay is bs
- NotYourLawyer 3y ago
  We don’t really do debtor’s prison anymore…
  - edgyquant 3y ago
    We most certainly have penalties that include jail time for not paying fines. You’re right that isn’t a debtors prison so I’m not sure why you’ve brought them into the conversation.
  - dymk 3y ago
    That's fine, but we do prisons for criminals, and the guy is a fraudster
  - qingcharles 3y ago
    Tell that to the thousands of people locked up for inability to pay their child support. They don't imprison you for the debt, they imprison you because the court gave you a direct order and you could not fulfill that order, thus you committed contempt.
    - NotYourLawyer 3y ago
      My understanding is that you don’t go to prison for inability to pay, but for having the money and not forking it over.
      - qingcharles 3y ago
        Sadly it's not that simple, although that perhaps is the way it should be because that would be a form of tax evasion. All the people I know locked up for child support issues just couldn't work enough to afford to live and pay what the government was asking, and the government would fight to keep the level the same, even though it wasn't sane. Then the government would first punish these people by canceling their driver's licenses as an incentive to make them pay, which would often result in them losing their jobs and falling further behind. In the end, jail.
jabroni_salad 3y ago
Nintendo can garnish a dude's wages to the tune of $10M for the rest of his life for IP violations but we can't put the screws on a phone scammer that steals from our grandmothers? Sheesh.
- skeaker 3y ago
  To risk veering off topic, the Nintendo thing gets a bad rep due to how it was reported on when it really is the sort of thing you'd expect HN types to be on board with. The guy stole FOSS code, tweaked it to be malicious (bricking devices that ran homebrew software that he personally did not like), closed off the source code to his tweaks, and sold it for a profit while explicitly advertising it as being used for software piracy. 10M is surely a bit much but the guy was pretty flagrantly wrong both legally and morally.

edgyquant 3y ago

So take every cent from him and jail him if he makes no cents. Inability to pay is bs

NotYourLawyer 3y ago
We don’t really do debtor’s prison anymore…
- edgyquant 3y ago
  We most certainly have penalties that include jail time for not paying fines. You’re right that isn’t a debtors prison so I’m not sure why you’ve brought them into the conversation.
- dymk 3y ago
  That's fine, but we do prisons for criminals, and the guy is a fraudster
- qingcharles 3y ago
  Tell that to the thousands of people locked up for inability to pay their child support. They don't imprison you for the debt, they imprison you because the court gave you a direct order and you could not fulfill that order, thus you committed contempt.
  - NotYourLawyer 3y ago
    My understanding is that you don’t go to prison for inability to pay, but for having the money and not forking it over.
    - qingcharles 3y ago
      Sadly it's not that simple, although that perhaps is the way it should be because that would be a form of tax evasion. All the people I know locked up for child support issues just couldn't work enough to afford to live and pay what the government was asking, and the government would fight to keep the level the same, even though it wasn't sane. Then the government would first punish these people by canceling their driver's licenses as an incentive to make them pay, which would often result in them losing their jobs and falling further behind. In the end, jail.

jabroni_salad 3y ago

Nintendo can garnish a dude's wages to the tune of $10M for the rest of his life for IP violations but we can't put the screws on a phone scammer that steals from our grandmothers? Sheesh.

skeaker 3y ago
To risk veering off topic, the Nintendo thing gets a bad rep due to how it was reported on when it really is the sort of thing you'd expect HN types to be on board with. The guy stole FOSS code, tweaked it to be malicious (bricking devices that ran homebrew software that he personally did not like), closed off the source code to his tweaks, and sold it for a profit while explicitly advertising it as being used for software piracy. 10M is surely a bit much but the guy was pretty flagrantly wrong both legally and morally.