The Spam Diaries

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

Monday, September 03, 2007

Loss and victory for Spamhaus in court

SpamhausAs reported at SpamSuite, the 7th Circuit has ruled on Spamhaus' appeal. In a nutshell, the default judgement against Spamhaus has been upheld, but the damage award and the injunction are overturned.

What this means is that because Spamhaus didn't bother to defend themselves (previously arguing that Illinois courts didn't have jurisdiction over them), they've lost the case by default. This can no longer be argued in court, nor can jurisdiction. This was to be expected; it would have taken extraordinary circumstances for the court to reverse the default judgement.

However, the judge has ruled that the $11M+ judgement against them was excessive, and so everybody goes back to court to argue damages. It's impossible at this time to predict what the damages will finally be.

In addition, the injunction against listing E360 as a spammer has been lifted. As long as Spamhaus can show new evidence of spamming (which is trivial to do), we can expect the E360 SBL entry to return.

Update: John Levine has a better and more detailed analysis.

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Anonymous Anonymous said...

Quote: In addition, the injunction against listing E360 as a spammer has been listed.

...I think you mean "lifted"

6:50 AM  
Blogger Unknown said...

This is insane - the US law is an ass. The judge was a fool for thinking he can rule over the UK and their own spam laws. The default judgement should have been to throw it out, no ?

Surely it is up to the spammer to prove he is legitimate and counter-prove Spamhaus since he brought the case. If he can do that then bring it on - come to England - the UK would welcome this spammer with open arms... and several large, blunt instruments no doubt.

10:15 AM  

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