Still futile


As I mentioned last Thursday, both Yahoo and Microsoft filed oppositions to Holomaxx’s opposition to dismissal. Let me ‘splain… no, there is too much, let me sum up.
Holomaxx sued both Microsoft and Yahoo to force MS and Yahoo to stop blocking mail from Holomaxx.
The judge dismissed the initial complaint with leave to amend.
Holomaxx filed a first amended complaint.
Microsoft and Yahoo both argued that the first amendment complaint should be dismissed because it wasn’t fixed.
Holomaxx filed a motion in opposition to the motion to dismiss. Their arguments were reasonably simple.

  1. MAAWG is a standards setting body and Yahoo and Microsoft are violating the standards set by MAAWG.
  2. We assert that both Yahoo and Microsoft are screening our emails before our emails hit their system thus it qualifies as wiretapping.
  3. Our emails are confidential.
  4. We compete with Microsoft and  Yahoo as advertising agencies, thus everything the ISPs are doing is anti-competitive behaviour.

Last week I discovered that both Microsoft and Yahoo filed another memo of law in support of its motion to dismiss the first amended complaint. Their arguments, too, were relatively simple.

  1. The MAAWG document in question is not a standards document, it is a summary of current practices.
  2. Holomaxx can’t explain how they think the “wiretapping” is happening and they should not be allowed discovery in order to create this argument.
  3. Neither ISP is actually a competitor of Holomaxx.

I think Yahoo’s lawyers, again, summed it up.

Plaintiff has had and squandered the opportunity to meaningfully amend its pleadings to state a plausible claim based on well pleaded facts and viable legal theories. Further amendment would be futile and should be denied.

The hearing is currently scheduled for 9am on Friday in San Jose.

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By laura

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