Legal analysis of Hypertouch v. Valueclick
Venkat has an analysis of the Hypertouch v. Valueclick case and recent appeals court ruling.
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One beeelion dollars
- laura
- Oct 14, 2010
Facebook won another round in their court case against a Canadian spammer last week. Their $873,000,000 judgment was upheld by the Quebec Superior court. At today’s exchange rates, the judgment translates to over CDN$1,000,000,000.
In fine spammer style the defendant, Adam Guerbuez, is flouting the judgment and claiming he won’t pay a dime. In fact, he’s already filed bankruptcy and is reported to have transferred a number of assets to family members. From what I’m hearing from some of my Canadian colleagues the courts up there take a very dim view of his behaviour. Like many things that go through the court system, though, it is unlikely that the process will be rapid.
This is one of the largest, if not the largest, fines levied for violations of the CAN SPAM act. I don’t think Facebook will see much, if anything, of the money. But, hey, maybe the Canadian courts will throw this spammer in jail for flouting their ruling.
CAN SPAM preemption of CA law
- laura
- Jan 20, 2011
The California court of appeals returned a ruling yesterday in the Hypertouch v. ValueClick case. This is a case I haven’t talked about at all previously, but I think this ruling deserves a mention.
The short version is that Hypertouch sued Valueclick in 2008 under both CAN SPAM and the California anti-spam law. Eventually the judge in the case ruled that there was no clear evidence of fraud, therefore CAN SPAM preempted the California law.
Hypertouch appealed the case.
Yesterday the appeals court published their opinion and kicked the case back down to the lower court.
Supreme Court declines to hear anti-spam case
- laura
- Mar 31, 2009
Yesterday the Supreme Court declined to hear an appeal for Virginia v. Jaynes. This means that the Virginia state supreme court ruling overturning the Virginia anti-spam law currently stands.
Jeremy Jaynes was a well known spammer who went under the name Gavin Stubberfield. He was pretty famous in anti-spammer circles for sending horse porn spam. In 2003 he was arrested under the Virginia state anti-spam statute. He was initially convicted but the conviction was overturned on appeal.
Ethan Ackerman has blogged about this case, including a recap today.
Venkat Balasubramani has also blogged about this case.
Mickey Chandler has the docs.
John Levine weighed in.
News Articles: CNN, Washington Post, CNET