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...
When Yahoo filed for dismissal of the Holomaxx complaint, they ended the motion with “Amendment would be futile in this case.” The judge granted Yahoo’s motion but did grant Holomaxx leave to amend. Holomaxx filed an amended complaint earlier this month. The judge referenced a couple specific deficiencies of Holomaxx’s claims in his dismissal. Holomaxx alleges no facts in...
I mentioned way back in January that Yahoo had filed a motion to dismiss the case against Holomaxx. Microsoft filed a motion to dismiss around that time, although I didn’t mention it here. And, of course, Holomaxx filed a motion in opposition in both the Microsoft case and the Yahoo case. Nothing terribly interesting here, about what you’d expect to read. On March 11 the judge ruled...
Robert Soloway, one of the people crowned with the title “Spam King”, has been released from jail. He was an extremely prolific spammer, generating over 10 trillion messages over the course of his career. As Mr. Soloway exits jail, another spammer heads to serve his 20 year sentence. Peter Maxson Anyanyueze sent Nigerian 419 spams telling people they could profit from helping him move...
Venkat has an analysis of the Hypertouch v. Valueclick case and recent appeals court ruling.
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...
Late last month, Yahoo filed a motion to dismiss in the Holomaxx v. Yahoo case. There’s nothing that unexpected in the filing. The lawyers set the tone of the entire document with their very first paragraph. This is a lawsuit by a frustrated spammer to attempt to force Defendant Yahoo! Inc. (“Yahoo!”) to deliver millions of Plaintiff’s mass marketing emails each day to Yahoo! customers—...
A couple things related to the intersection of email and law happened recently. The 6th circuit court ruled that the government must have a search warrant before accessing email. The published opinion is interesting reading, not just because of the courts ruling on the law but also because of the defendant. Berkeley Premium Nutraceuticals toyed with spamming to advertise their product as a brief...
Call it C-28, call it FISA, call it COPL, just don’t call it a pipe dream any longer. Today the Canadian anti spam law received royal assent and is now law. ReturnPath is saying it will take effect September 2011, but that’s the only date I’ve seen published. The full text of the bill as passed by the House of Commons can be found at It’s fairly dense and I’m still...
I have been reading the complaints filed by Holomaxx and will have some analysis and information about them probably Monday or Tuesday next week. I’ve been keeping an eye on the press and something that Ken Magill said caught my eye. Specifically, HolomaXx alleges, its Microsoft complaint rates have been consistently at or below 0.5 percent and its Yahoo complaint rates have been at or...
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