Feeds

Spam fighters defeat nuisance junk mail lawsuit

But landed with big legal bill

  • alert
  • submit to reddit

Top 5 reasons to deploy VMware with Tegile

Anti-spam activists have won an important legal battle against Florida-based junk mailers.

But even though Florida Judge Donald M. Middlebrooks dismissed the case brought by eMarketersAmerica.org with prejudice (i.e. ruling that the lawsuit was without any foundation), anti-spam groups still have to pick up their legal fees.

The defendants (including UK-based Spamhaus Project and SPEWS) hope to cover their costs through online donations, but their legal bill has tempered some of the pleasure gained from giving litigious penis pill pushers a legal "bloody nose".

In a message to the NANAE newsgroup last week, Spamhaus director Steve Linford sums up his feelings: "Although delighted with the technical outcome, we're left with the costs of having had to defend the bogus lawsuit, as the Florida legal system does not grant costs to the winner even in cases where lawsuits are as fraudulent as this one clearly was."

One happy outcome of the dismissal of the suit is that it establishes a precedent which should stop further frivolous legal actions. Anti-spam activists have won the right to carry on their work as normal and without further distraction.

Case dismissed

The case began in April, when not-for-profit organisation eMarketersAmerica.org (actually a front set up Mark E. Felstein, lawyer for notorious spammer Eddy Marin, according to Spamhaus) went to the courts with a suit seeking to prevent prominent anti-spam organisations from blocking their spam.

The nuisance suit sought damages of $75,000 (plus interest and costs) against the defendants on five separate counts: blacklisting IP addresses of the plaintiffs, libel, invasion of privacy, the publication of allegedly false information and "intentional interference with a contract".

But, Wellborn & Butler, lawyers for the defendants turned the tables on junk mailers with a motion seeking to force them to hand over their business records. Yikes, said the junk mailers, we can't do that and they ran away from their own lawsuit, prompting a motion for dismissal that brought an end to the case. ®

External Links

eMarketersAmerica.org site (mirror - original site was removed for abuse / spam violations by its ISP)

Related Story

Florida spammers sue anti-spam groups

Remote control for virtualized desktops

More from The Register

next story
Knock Knock tool makes a joke of Mac AV
Yes, we know Macs 'don't get viruses', but when they do this code'll spot 'em
Shellshock over SMTP attacks mean you can now ignore your email
'But boss, the Internet Storm Centre says it's dangerous for me to reply to you'
Why weasel words might not work for Whisper
CEO suspends editor but privacy questions remain
Feds seek potential 'second Snowden' gov doc leaker – report
Hang on, Ed wasn't here when we compiled THIS document
DEATH by PowerPoint: Microsoft warns of 0-day attack hidden in slides
Might put out patch in update, might chuck it out sooner
China is ALREADY spying on Apple iCloud users, claims watchdog
Attack harvests users' info at iPhone 6 launch
NOT OK GOOGLE: Android images can conceal code
It's been fixed, but hordes won't have applied the upgrade
prev story

Whitepapers

Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.
Getting ahead of the compliance curve
Learn about new services that make it easy to discover and manage certificates across the enterprise and how to get ahead of the compliance curve.