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 filtering processes and metrics employed by an ISP. (Hence the rulings on a 12b...
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 surprising here. The ISPs have immunity...
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 these two cases as basically a single case. When it came time for arguments...
As I mentioned last Thursday, both Yahoo and Microsoft filed oppositions to Holomaxx’s opposition to dismissal. Let me ‘splain… no, there is too much, let me sum up. Holomaxx sued both Microsoft and Yahoo to force MS and Yahoo to stop blocking mail from Holomaxx. The judge dismissed the initial complaint with leave to amend. Holomaxx filed a first amended complaint. Microsoft...
I had someone ask on Facebook about getting some documents off of Pacer. I thought the information may be of use to other people out there. PACER (public access to court electronic records) provides access to public documents filed in the Federal court system. Each court has their own website, but there is one login and the search and document display are the same. Documents cost 8 cents a page...
Holomaxx has, as expected, filed a motion in opposition to the motion to dismiss filed by both Yahoo (opposition to Yahoo motion and Hotmail (opposition to Microsoft motion). To my mind they still don’t have much of an argument, but seem to believe that they can continue with this. They are continuing to claim that Microsoft is scanning email before the email gets to Microsoft (or Yahoo)...
Both Microsoft and Yahoo filed their motions to dismiss the Holomaxx first amended complaint (FAC). Each company filed the same set of documents. Motion to dismiss (Microsoft, Yahoo) A comparison of the original complaint and the first amended complaint (Microsoft redline, Yahoo Redline) A request for judicial notice of the MAAWG Abuse Desk Common Practices document. The motions to dismiss the...
Just for completeness sake, Holomaxx did also file an amended complaint against Microsoft. Same sloppy legal work, they left in all the stuff about Return Path even though Return Path has been dropped from the suit. They point to a MAAWG document as a objective industry standard when the MAAWG document was merely a record of a round table discussion, not actually a standards document. I...
When Yahoo filed for dismissal of the Holomaxx complaint, they ended the motion with “Amendment would be futile in this case.” The judge granted Yahoo’s motion but did grant Holomaxx leave to amend. Holomaxx filed an amended complaint earlier this month. The judge referenced a couple specific deficiencies of Holomaxx’s claims in his dismissal. Holomaxx alleges no facts in...
I mentioned way back in January that Yahoo had filed a motion to dismiss the case against Holomaxx. Microsoft filed a motion to dismiss around that time, although I didn’t mention it here. And, of course, Holomaxx filed a motion in opposition in both the Microsoft case and the Yahoo case. Nothing terribly interesting here, about what you’d expect to read. On March 11 the judge ruled...
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