e360 v. Comcast
Mickey has new docs up at Spamsuite in the case between e360 and Comcast.
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Garbage in… garbage out
- laura
- Sep 3, 2008
Ken Magill (hereafter known as Mr. Stupid Poopypants) has a follow up article today on his article from last week about the Obama campaign’s mailing practices. While poking Dylan a bit, his message is that marketers really need to look harder at double opt-in.
Read More7th circuit court ruling in e360 v. Spamhaus
- laura
- Aug 31, 2007
Mickey has some commentary and the full ruling up on Spamsuite. In short the appeals court affirmed the default judgment, vacated the judgment on damages and remanded the case back to the lower court to determine appropriate damages.
There are a couple bits of the ruling that stand out to me and that I think are worthy of comment.
Spamhaus made a very bad tactical decision by initially answering and then withdrawing that answer. The appeals court ruled that action signaled that Spamhaus waived their right to argue jurisdiction and that they submitted to the jurisdiction of the court. Based on this, the appeals court upheld the default judgment against Spamhaus. Not necessarily the outcome any of us wanted, but that doesn’t set any precedent for future cases unless defendants answer and then withdraw the answer. Specifically on page 12 of the ruling the court says: