According to stipulations filed yesterday Penkava and Yahoo! have agreed to go to private arbitration. This will happen before September 1, 2013. Also filed yesterday was an agreement that Yahoo! has until September 7, 2012 to respond to the complaint.
The Federal district court in New York awarded Yahoo $610 million dollars in a suit they filed in 2008.
Read MoreVenkat also commented on the Holomaxx v. MS/Y! ruling.
As with blocking or filtering decisions targeted at malware or spyware, complaining that the ISP was improperly filtering bulk email (spam) is likely to fall on unsympathetic ears. It would take a lot for a court to allow a bulk emailer to conduct discovery on the filtering processes and metrics employed by an ISP. (Hence the rulings on a 12b motion, rather than on summary judgment.) Here the court reiterates the “good faith” standard for 230(c)(2) is measured subjectively, not objectively. That puts a heavy burden on plaintiffs to show subjective bad faith.
Read More
The Yahoo visualization tool has been a lot of fun to watch. You can see how mail changes, see how subject line changes and even see when commercial mailers do major blasts.
One marketer described it to me as “Total marketing porn.”
I even took a screen shot of someone doing a drop of their “September Account Statement” to customers.