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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 […]

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  • Blogging

    It's been a wild week here in the US. I have to admit, the current political climate is affecting my ability to blog about email. I've always said email is not life or death. And how can I focus on the minutia of deliverability when things are in such turmoil and uncertainty? There are many things I want to write about, including some resources for those of us who are struggling with the current administration and changes in the US. What we can do. What we must do.  It just takes work and focus I don't have right now.    1 Comment


  • Email trends for 2017

    Freshmail has published a list of email marketing trends for 2017 from some of their favorite experts. I am honored to be included. Go check it out!No Comments


  • AOL FBL change

    Reminder for folks, AOL is changing their FBL from address starting on Jan 17th. AOLlogoForBlogThe (in)famous scomp@aol.net is going away to be replaced by fbl-no-reply @ postmaster.aol.com. These messages will be signed with the d= mx.postmaster.aol.com. Time to update your scripts!No Comments


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