The Spam Diaries

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

Thursday, August 02, 2007

Virtumundo wins legal fees from Gordon

Not a happy day, but perhaps a predictable one. Spammer/spyware distributor Virtumundo has won legal and attorney fees to the tune of $111,000 from anti-spammer James Gordon. See Electronic Communications article Court Tags CAN-SPAM Plaintiff With $111,000 Fee Award.

Although there's very little question that Virtumundo is a spammer, as asserted by Gordon, the court ruled that Gordon had no standing to sue, as the CAN-SPAM law protects spammers from lawsuits from ordinary citizens. Gordon had created a free email hosting service in order to give himself standing as an ISP under the law, but the court wasn't buying it. The award of fees to Virtumundo will likely mean an end to to Gordon's practice of suing spammers.

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