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...
I’m off to MAAWG next week and seem to have had barely enough time to breathe lately, much less blog. I have a half written post, but it’s taking a little more research to put together. That can wait until I get the chance to do the research. Instead I thought I’d talk about the North Coast Journal article “The Rise and Fall of a Spam Crusader.” It’s quite an...
On Eric Goldman’s blog, Venkat discusses a recent fifth circuit decision about an online signup process and what the court will look at when considering a claim that a user didn’t read an online disclaimer.
Over on deliverability.com Dela Quist has a long blog post up talking about how changes to Hotmail and Gmail’s priority inbox are a class action suit waiting to happen. All I can say is that it’s all been tried before. Cyberpromotions v. AOL started the ball rolling when they tried to use the First Amendment to force AOL to accept their unsolicited email. The courts said No. Time goes...
A few weeks ago, Spamhaus filed a motion to have the judge reconsider his recent $27,002 award to e360. Their brief hangs on three arguments. The Court Should Vacate The $27,000 Award Because The Court Previously Ruled That Plaintiffs Were Barred From Relying On The Putative Lost Revenue Data Upon Which It Was Based. The Court Should Vacate The $27,000 Award Because It Is Improperly Based On Lost...
There’s been a bit of court activity related to spam that others have written about and I feel need a mention. I’ve not yet read the papers fully, but hope to get a chance to fully digest them over the weekend. First is e360 v. Spamhaus. This is the case that actually prompted me to start this blog and my first blog post analyzed the 7th circuit court ruling sending the case back the...
Asis Internet service has been ordered to pay over $800,000 in lawyer fees to Optin Global. Venkat has details. This is the same company that was recently awarded $2.5M judgment in a different case.
John Levine has a longer blog post about the Smith vs. Comcast suit. Be sure to read the comment from Terry Zink about the MS related claims.
Eric Goldman wrote an article about a Comcast subscriber suing a number of companies (including Comcast and Microsoft and TRUSTe) for blocking mail. As part of the judge’s decision he rules that the ISPs that blocked the plaintiff’s email are not protected under 47 USC 230(c)(2). the court reaches a decidedly defendant-unfriendly conclusion by rejecting Comcast’s, Cisco’s...
On Tuesday Laura wrote about receiving spam sent on behalf of the AARP. The point she was discussing was mostly just how incompetent the spammer was, and how badly they’d mangled the spam such that it was hardly legible. One of AARPs interactive advertising managers posted in response denying that it was anything to do with the AARP. This isn’t from AARP…this is a SPAM that’s been going...
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