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 […]

  • Lost in the mists of time

    Over on the Farsight Security blog Joe St. Sauver talks about some of the early days of online abuse, on usenet. Laura and I were on the periphery of early usenet abuse, mostly as users, but Usenet (and IRC) around then were the places we both started with email abuse.No Comments

  • Ongoing Yahoo delays

    I've been hearing from folks over the last few days that they're seeing an uptick in deferrals from Yahoo! The deferrals are not uniform. ESPs report they're seeing some, but not all, customers affected. Other ESPs aren't seeing any changes. It's not just you. But it would be very worthwhile to dig into engagement and other stats. It's possible this is a new normal at Yahoo! and they're tightening filters to catch mail that doesn't fit their standards but was previously difficult to filter.No Comments

  • AOL starts using Sender Score Certification

    Good news for Sender Score Certified IPs. Return Path recently announced that AOL has joined the list of ISPs offering preferential treatment to certified IPs.  1 Comment