Tage360

September 2, 2011

Appeals court rules in e360 v. Spamhaus

By laura
1 Min read
2 comments
02September

On August 30, 2007 I wrote my very first blog post: 7th Circuit court ruling in e360 v. Spamhaus. Today, 4 years later (almost to the day) that case may finally be over. After a bench trial on the issue, the district court awarded e360 a mere $27,002, a far cry from the millions of dollars that e360 sought. Both parties have appealed. We conclude that the district court properly struck most of...

June 13, 2011

e360 and the appeals court

By laura
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13June

Oral arguments in Spamhaus’ appeal were held last week. Mickey blogged about it on Thursday. I heard from him and a bunch of the Spamhaus folks about it at MAAWG, but was busy enough that I didn’t get a chance to listen to it. Mickey is not exaggerating on how badly the judges, particularly Judge Posner, beat up on e360’s lawyer. More quotes are available at Appeals judges...

July 28, 2010

Spamhaus motion to reconsider

By laura
3 Min read
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28July

A few weeks ago, Spamhaus filed a motion to have the judge reconsider his recent $27,002 award to e360. Their brief hangs on three arguments. The Court Should Vacate The $27,000 Award Because The Court Previously Ruled That Plaintiffs Were Barred From Relying On The Putative Lost Revenue Data Upon Which It Was Based. The Court Should Vacate The $27,000 Award Because It Is Improperly Based On Lost...

June 17, 2010

Spam lawsuits: new and old

By laura
2 Min read
5 comments
17June

There’s been a bit of court activity related to spam that others have written about and I feel need a mention. I’ve not yet read the papers fully, but hope to get a chance to fully digest them over the weekend. First is e360 v. Spamhaus. This is the case that actually prompted me to start this blog and my first blog post analyzed the 7th circuit court ruling sending the case back the...

January 19, 2010

Comcast and e360 settle lawsuit

By laura
3 Min read
1 comment
19January

e360 initially filed suit against Comcast early in 2008. They asserted a number of things, including that Comcast was fraudulently returning “user unknown” notices and that they were certified by ReturnPath. Comcast filed a countersuit alleging violations of CAN SPAM, violations of the computer fraud and abuse act, as well as a number of other things including abuse of process. In...

March 11, 2009

More on e360 v. Choicepoint

By laura
1 Min read
1 comment
11March

Venkat has a longer analysis of the e360 v. Choicepoint case I commented on last week. He’s predicting a quick finding in favor of Choicepoint. I’m not a legal expert by any means, but I can see both sides of this particular case. And I am not sure there is good case law to guide the judge. Definitely one to keep an eye on.

March 6, 2009

e360 sues a vendor

By laura
2 Min read
1 comment
06March

As if suing themselves out of business by going after Comcast and Spamhaus weren’t enough, e360 is now suing Choicepoint for breach of contract and CAN SPAM violations. As usual, Mickey has all the documents (complaint and answer) up at SpamSuite. This may actually be an interesting case. On the surface it is a contractual dispute. Choicepoint sold e360 40,000,000 data records containing...

October 30, 2008

Email news

By laura
1 Min read
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30October

ReturnPath sold its email change of address division to Fresh Address and spun off its email marketing division. Full announcement at the RP Blog and a copy of the press release at EmailKarma. e360 petitioned the court earlier this week to compel Spamhaus to expand on their answers to e360’s interrogatories. Today the court denied the motion. Text of the motion at Mickey’s place...

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