RENTON, WA — Microsoft may not respond to reports of security vulnerabilities as promptly as many might prefer, but it certainly does know how to find a court room when it wants one. The latest villain to find itself facing the software giant is the innocuously named but allegedly insidiously motivated Funmobile, Ltd. of Hong Kong. According to Microsoft, Funmobile may have a whimsical name, but its methods aren’ just unfunny, they’re called spim, phishing and illegal.
Microsoft Corp. accused Funmobile in early July of using a combination of phishing and spamming instant-messenger users in an attempt to steal their login information and then direct victims to fake social network and porn sites. Once the login information was in Funmobile’s possession, Microsoft alleges that accounts were broken into and more spim distributed.
This means that Windows Live Messenger account users found themselves being held responsible for bulk spamming of their contact lists once the hijackers had snooped around inside of Microsoft’s systems and the associated user accounts.
“As a result of the Defendants’ actions,” the lawsuit states, “Microsoft’s computer equipment and servers were required to process millions of improper spam messages. This overwhelming number of messages threatens to delay legitimate messages and otherwise adversely affects Microsoft’s Windows Live services and users, and has resulted in and continues to result in significant costs to Microsft.”
Although originally filed againt “John Does” in King County Superior Court, Microsoft amended its lawsuit to list Funmobile CEO Christian Kwok-Leun Yau Heilesen and brother Henrick Kwok-Hang Yau Heilesen, who use the IM aliases “Jennie Johnson, Jennie Smith, Plasticbrunette, Plastic-Jennie” and “Scomme.”
Further alleged within the lawsuit is that the defendants use a variety of business aliases, including “TET Management, Inc., CSS Management, Inc., Top Priority, Inc., TP Ltd., TP Worlds Ltd., TPP Ltd.” and “Topyaa” to confuse matters.
“Such abuse of the Windows Live Messenger service harms Microsoft and our customers by burdening Microsoft’s computers and computer systems with spim traffic, interfering with users’ enjoyment of our service and invading the privacy of our users,” blogged Tim Cranton, associate general counsel at Microsoft, about the matter.
Microsoft contends that Funmobile not merely interfered with its business relationships but also violated the federal Computer Fraud and Abuse Act, in addition to the Federal Controlling the Assault of Non-Solicited Pornography and Marketing Act and the Washington state Anti-Phishing Statute, as well as trespassed on the company’s property by making unauthorized use of its servers.
The suit requests an injunction against Funmobile and Mobilefunster that would order them to stop the alleged spamming, which is said to have begun in March of this year. An unspecified amount for monetary damages is also sought.
Funmobile specializes in cell phone ringtones, wall paper, games and text message jokes for AT&T, Centennial, Sprint PCS and T-Mobile.
