I visited Judge Fogel’s courtroom this morning to listen to the oral motions in the Holomaxx cases. This is a general impression, based on my notes. Nothing here is to be taken as direct quotes from any participant. Any errors are solely my own. With that disclaimer in mind, let’s go. The judge is treating these two cases as basically a single case. When it came time for arguments...
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...
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...
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...
One of my email addresses at a client got spammed today offering to sell me appending services. I was going to post the email here and point out all of the problems in how he was advertising it, including violating CAN SPAM. As I often do, I plugged his phone number into google, only to discover that my blog post from March about this spammer was the 2nd hit for that number. Well, go me. I can...
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.
or Why All Of This Is Meaningless: Guest post by Huey Callison The analysis of the AARP spam was nice, but looking at the Mainsleaze Spammer Playbook, I can make a few educated guesses at what happens next: absolutely nothing of consequence. AARP, if they acknowledge this publicly (I bet not) has plausible deniability and can say “It wasn’t us, it was an unscrupulous lead-gen...
Shady direct marketers exploit CAN SPAM to continue spamming but protect themselves from the law. This is something I’ve been talking about for a while (TWSD), and it’s nice to see the mainstream press noticing the same thing.
HT: Box of Meat
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