A number of people, both at ESPs and on the mailops mailing list, are reporting problems at Hotmail. The most common reports are senders getting
Site hotmail.com (65.55.92.152) said in
response to MAIL FROM (452 Out of memory)
during the SMTP session.
There isn’t much senders can do about this. Hotmail is going to have to fix their resource issue. This may be limited to certain mail clusters, so watching the IP addresses reporting this error and avoiding them may help.
Holomaxx has, as expected, filed a motion in opposition to the motion to dismiss filed by both Yahoo (opposition to Yahoo motion and Hotmail (opposition to Microsoft motion). To my mind they still don’t have much of an argument, but seem to believe that they can continue with this.
They are continuing to claim that Microsoft is scanning email before the email gets to Microsoft (or Yahoo) owned hardware.
ISPs are continually developing tools for their users. Some of the newer tools are automatic filters that help users organize the volumes of mail they’re getting. Gmail released Priority Inbox over a year ago. Hotmail announced new filters as part of Wave 5 back in October.
All of these announcements cause much consternation in the email marketing industry. Just today there was a long discussion on the Only Influencers list about the new Hotmail filtering. There was even some discussion about why the ISPs were doing this.
I think it’s pretty simple why they’re creating new tools: users are asking for them. The core of these new filters is ISPs reacting to consumer demand. They wouldn’t put the energy into development if their users didn’t want it. And many users do and will use priority inbox or the new Hotmail filtering.
Some people are concerned that marketing email will be less effective if mail is not in the inbox.
Just for completeness sake, Holomaxx did also file an amended complaint against Microsoft. Same sloppy legal work, they left in all the stuff about Return Path even though Return Path has been dropped from the suit. They point to a MAAWG document as a objective industry standard when the MAAWG document was merely a record of a round table discussion, not actually a standards document. I didn’t read it as closely as I did the Yahoo complaint, as it’s just cut and paste with some (badly done) word replacement.
So what’s the status of both cases?
The Yahoo case is going to arbitration sometime in July. Yahoo also has until May 20 to respond to the 1st amended complaint.
The Microsoft case is not going to arbitration, but they also have a response deadline of May 20.
I’m not a legal expert, but I don’t think that what Holomaxx has written fixes the deficits that the judge pointed out in his dismissal. We’ll see what the Y! and MSFT responses say a month from today.