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 […]


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 […]


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 […]


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 […]


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 […]


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 […]


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 […]


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, […]

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  • Lost in the mists of time

    Over on the Farsight Security blog Joe St. Sauver talks about some of the early days of online abuse, on usenet. Laura and I were on the periphery of early usenet abuse, mostly as users, but Usenet (and IRC) around then were the places we both started with email abuse.No Comments

  • Ongoing Yahoo delays

    I've been hearing from folks over the last few days that they're seeing an uptick in deferrals from Yahoo! The deferrals are not uniform. ESPs report they're seeing some, but not all, customers affected. Other ESPs aren't seeing any changes. It's not just you. But it would be very worthwhile to dig into engagement and other stats. It's possible this is a new normal at Yahoo! and they're tightening filters to catch mail that doesn't fit their standards but was previously difficult to filter.No Comments

  • AOL starts using Sender Score Certification

    Good news for Sender Score Certified IPs. Return Path recently announced that AOL has joined the list of ISPs offering preferential treatment to certified IPs.  1 Comment