Tag: CDA

Robust protection under the CDA

Venkat also commented on the Holomaxx v. MS/Y! ruling. As with blocking or filtering decisions targeted at malware or spyware, complaining that the ISP was improperly filtering bulk email (spam) is likely to fall on unsympathetic ears. It would take a lot for a court to allow a bulk emailer to conduct discovery on the […]


Amendment was futile

Judge Fogel published his ruling in the two Holomaxx cases today. Defendant’s motion to dismiss having been granted, IT IS ORDERED AND ADJUDGED that Plaintiff’s complaint be dismissed without leave to amend and that the action be dismissed with prejudice. The full text of the rulings are available (Yahoo order, Microsoft order). There’s nothing very […]


Holomaxx v. Yahoo and MS: The hearing

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 […]


Amendment is futile.

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 […]

  • Vague reports of Yahoo problems

    A number of people, on different forums, have been asking if anyone is seeing a higher bounce rate than usual with Yahoo. Not sure exactly what's going on here. As I understand it, folks are talking with Yahoo about it. If I hear anything more, I'll share. For now, though, if you're seeing a small increase in Yahoo bounces (or other weirdnesses) others are seeing something odd, too.No Comments

  • Responsive design just got easier at Gmail

    Today Gmail announced they are supporting media queries in Gmail and Google Inbox. This should simplify the creation of emails for multiple platforms. The full list of supported rules can be found on the Google Developer Site.No Comments

  • Brief blogging break

    Sorry about the unexpected hiatus. I picked up a cold that really made me feel fuzzy and writing was an exercise in futility. I'll be back Monday. Meanwhile, Oracle bought another ESP (Bronto) when they bought NetSuite.  No Comments