Feeds

Court junks $11m judgment against Spamhaus

Return to lower court

Remote control for virtualized desktops

An appeal court has quashed an $11m judgment against anti-spam organisation Spamhaus in favour of controversial email marketing outfit e360 Insight.

The US Court of Appeals for the Seventh Circuit also lifted an injunction, imposed last September, that barred Spamhaus from listing either e360 Insight or its principal David Linhardt as a source of spam.

Although the three-judge panel last week set aside the lower court's default remedies as too broad and built on the flimsiest of evidence, a sworn statement by Linhardt on supposed loss of earnings from Spamhaus's actions alone, the original ruling stands.

That means Spamhaus may find it difficult to argue questions of fact, such as whether it was right to list e360 Insight on its Block List, once the case returns to Judge Kocoras in the lower court. It looks as if the lower court will simply come up with a revised damages estimate. Spamhaus said it was studying the ruling, which marks the latest chapter in the long-running case.

e360 Insight sued Spamhaus after the anti-spam organisation blocklisted its domains over alleged spamming. In a default ruling made by an Illinois court in September 2006, Spamhaus was ordered to pay $11.7m in compensation to e360 Insight, pull the organisation's listing, and post a notice stating that it was wrong to say e360 Insight was involved in sending junk mail. UK-based Spamhaus did not defend the case and the ruling was made in its absence.

Initially, Spamhaus ignored the ruling. e360 Insight responded by upping the ante and calling on the Illinois court to order domain registrars Tucows or ICANN to suspend Spamhaus's domain, Spamhaus.org. e360 Insight's motion was denied. ®

Top 5 reasons to deploy VMware with Tegile

More from The Register

next story
Regin: The super-spyware the security industry has been silent about
NSA fingered as likely source of complex malware family
Why did it take antivirus giants YEARS to drill into super-scary Regin? Symantec responds...
FYI this isn't just going to target Windows, Linux and OS X fans
Privacy bods offer GOV SPY VICTIMS a FREE SPYWARE SNIFFER
Looks for gov malware that evades most antivirus
Home Office: Fancy flogging us some SECRET SPY GEAR?
If you do, tell NOBODY what it's for or how it works
HACKERS can DELETE SURVEILLANCE DVRS remotely – report
Hikvision devices wide open to hacking, claim securobods
'Regin': The 'New Stuxnet' spook-grade SOFTWARE WEAPON described
'A degree of technical competence rarely seen'
Syrian Electronic Army in news site 'hack' POP-UP MAYHEM
Gigya redirect exploit blamed for pop-rageous ploy
Astro-boffins start opening universe simulation data
Got a supercomputer? Want to simulate a universe? Here you go
prev story

Whitepapers

10 ways wire data helps conquer IT complexity
IT teams can automatically detect problems across the IT environment, spot data theft, select unique pieces of transaction payloads to send to a data source, and more.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
How to determine if cloud backup is right for your servers
Two key factors, technical feasibility and TCO economics, that backup and IT operations managers should consider when assessing cloud backup.
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.
Mitigating web security risk with SSL certificates
Web-based systems are essential tools for running business processes and delivering services to customers.