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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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  • Friday blogging... or lack of it

    It seems the last few Friday's I've been lax on posting. Some of that is just by Friday I'm frantically trying to complete all my client deliverables before the weekend. The rest of it is by Friday I'm just tired. Today had the added complication of watching the Trumpcare debate and following how (and how soon) it would affect my company if it passed. That's been a bit distracting, along with the other stuff I posted about yesterday. I wish everyone a great weekend.No Comments


  • Indictments in Yahoo data breach

    Today the US government unsealed an indictment against 2 Russian agents and 2 hackers for breaking into Yahoo's servers and stealing personal information. The information gathered during the hack was used to target government officials, security employees and private individuals. Email is so central to our online identity. Compromise an email account and you can get access to social media, and other accounts. Email is the key to the kingdom.No Comments


  • 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


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