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 of Plaintiff’s mass marketing emails each day to Yahoo! customers—...
A couple things related to the intersection of email and law happened recently. The 6th circuit court ruled that the government must have a search warrant before accessing email. The published opinion is interesting reading, not just because of the courts ruling on the law but also because of the defendant. Berkeley Premium Nutraceuticals toyed with spamming to advertise their product as a brief...
Ken announced yesterday that Holomaxx dropped their suits against Ironport and ReturnPath. Suits against Yahoo and Hotmail are still active. In the Yahoo case, there is a case management meeting on January 14th. In the Microsoft case, a response the complaint is due by December 17th. I’m not quite sure what happened to prompt this change, but I think it makes it even more unlikely that the...
I’m putting together a longer analysis of the Holomaxx case that will look at the claims against the various defendants. There’s some deep mis-understanding of how various things works (hint: wiretapping? not so much). There was one comment from “The Other Barry” about complaints that I think bears highlighting. Silly people. High complaints means filters need to be more...
RSS - Posts