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Tag: holomaxx

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 […]

6 Comments

Still futile

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. […]

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Gathering data from PACER

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 […]

6 Comments

Holomaxx doubles down

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 […]

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Further amendment would be futile

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 […]

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Holomaxx status

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 […]

9 Comments

Amendment is futile, part 2

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 […]

3 Comments

Holomaxx v. MSFT and Yahoo

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, […]

1 Comment
  • HE.net DNS problems

    Hurricane Electric had a significant outage of their authoritative DNS servers this morning, causing them to return valid responses with no results for all(?) queries. This will have caused delivery problems for any mail going to domains using HE.net DNS - which will include some of their colocation customers, as well as users of their free services - but also will have caused reverse DNS to fail for most servers hosted by Hurricane Electric worldwide, so if any of your mail is being sent from HE hosted machines you may have seen problems. (We're HE customers so we noticed. Still happy with them as a vendor.)No Comments


  • 65.0.0.0/8 DNS issues

    If you're sending email from any address beginning with a 65 - in 65.0.0.0/8 - it's possible you'll see some delivery problems. Something appears to be broken with dnssec signatures for the reverse DNS zone, leading queries for reverse DNS to fail for anyone using a dnssec aware DNS resolver (which is almost everyone).1 Comment


  • Our green bar certificate is going away

    Later today we'll be switching from an Extended Validation ("green bar") SSL certificate to a Domain Validation certificate. This isn't exactly a planned change but I'm waiting for responses from Comodo before I go into it too much. I'll share some more details next week.3 Comments


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