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...
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...
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...
Why email marketers are hated. A group of Ontario spammers finds Ken Magill’s email address and spams him. Repeatedly. New docs in e360 v. Spamhaus. The judge threw out the after-the-fact affidavit from e360, but did not grant Spamhaus’ motion for summary judgment. Looks like this might end up at trial after all. Oral arguments in Zango v. Kaspersky. I have been following this a...
ReturnPath sold its email change of address division to Fresh Address and spun off its email marketing division. Full announcement at the RP Blog and a copy of the press release at EmailKarma. e360 petitioned the court earlier this week to compel Spamhaus to expand on their answers to e360’s interrogatories. Today the court denied the motion. Text of the motion at Mickey’s place...
The judge in e360 v. Spamhaus has denied Spamhaus’ motion for dismissal. However, the judge also ordered that the 16 new witnesses be stricken and capped damages at the original $11.7M. Mickey has the order. Tuesday the FTC announced it had shut down a major spamming operation. I am not sure the results are visible yet, yesterday there were 2041 spams in one of my mailboxes yesterday versus...
When we last visited our intrepid litigants, Spamhaus’ lawyers had filed a motion to dismiss citing yet another failure by e360 to meet a court ordered discovery deadline. Let me set the stage. e360 misses deadline after deadline during discovery. They skip depositions. They stall and provide incomplete answers weeks or months after they are due. Finally, in mid-July the Spamhaus’...
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