The Spam Diaries

News and musings about the fight against spam.
 by Edward Falk

Tuesday, January 22, 2008

E360 back in court; suing Comcast this time

Where do they get the money for all this litigation?

According to Direct magazine, E360 is suing Comcast for blocking E360 spam.

E360 CEO Dave Linhardt insists that E360 does not spam, and that they've been Sender Score Certified by Return Path. Oddly enough, however, Return Path says that E360 has not been certified.

E360 is asking for more than $20M in damages. Perhaps this is their new business model? Send spam, then sue whoever blocks them.

Update: Spamsuite has the paperwork.

Their comments:
Of all of the pathetic lawsuits I've seen....

Well, this one's got it all.

Deferring a connection is tarpitting and is a denial of service attack. Not delivering mail is a denial of service attack. Using a spam filter is not legal (or maybe it's just that it's not kosher -- we'll have to find a rabbi to rule on that one). Not telling a sender how to evade filters is fraudulent. A sender's inability to design a system that can cope with sending more email while waiting for deferred messages to timeout and retry is a denial of service attack caused by the receiver. e360Insight has even tossed in a First Amendment claim and I was pretty sure that we moved past that by 1999. And finally, having a whitelist or a feedback loop that you don't let everyone have is a violation of fair trade rules.

It's stunning. It really is. I'm not entirely sure how you get to be this dense, but I suspect that it's a painstaking (and probably painful) process involving frontal lobotomies and maybe electroshock treatments.

My own comments: This isn't the first time a spammer has sued someone for blocking spam. About two years ago, a spammer called Longhorn Singles sued the University of Texas over spam blocking. They lost.

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