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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 […]

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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 […]

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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 […]

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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 […]

10 Comments
  • AOL problems

    Lots of people are reporting ongoing (RTR:GE) messages from AOL today.  This indicates the AOL mail servers are having problems and can't accept mail. This has nothing to do with spam, filtering or malicious email. This is simply their servers aren't functioning as well as they should be and so AOL can't accept all the mail thrown at them. These types of blocks resolve themselves. 1 Comment


  • Fixing discussion lists to work with new Yahoo policy

    Al has some really good advice on how to fix discussion lists to work with the new Yahoo policy. One thing I would add is the suggestion to actually check dmarc records before assuming policy. This will not only mean you're not having to rewrite things that don't need to be rewritten, but it will also mean you won't be caught flat footed if (when?) other free mail providers start publishing p=reject.No Comments


  • Sendgrid's open letter to Gmail

    Paul Kincaid-Smith wrote an open letter to Gmail about their experiences with the Gmail FBL and how the data from Gmail helped Sendgrid find problem customers. I know a lot of folks are frustrated with Gmail not returning more than statistics, but there is a place for this type of feedback within a comprehensive compliance desk.No Comments


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