Feeds

Court junks $11m judgment against Spamhaus

Return to lower court

The essential guide to IT transformation

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. ®

Next gen security for virtualised datacentres

More from The Register

next story
Ice cream headache as black hat hacks sack Dairy Queen
I scream, you scream, we all scream 'DATA BREACH'!
Goog says patch⁵⁰ your Chrome
64-bit browser loads cat vids FIFTEEN PERCENT faster!
NIST to sysadmins: clean up your SSH mess
Too many keys, too badly managed
Scratched PC-dispatch patch patched, hatched in batch rematch
Windows security update fixed after triggering blue screens (and screams) of death
Researchers camouflage haxxor traps with fake application traffic
Honeypots sweetened to resemble actual workloads, complete with 'secure' logins
Attack flogged through shiny-clicky social media buttons
66,000 users popped by malicious Flash fudging add-on
New Snowden leak: How NSA shared 850-billion-plus metadata records
'Federated search' spaffed info all over Five Eyes chums
Three quarters of South Korea popped in online gaming raids
Records used to plunder game items, sold off to low lifes
Oz fed police in PDF redaction SNAFU
Give us your metadata, we'll publish your data
prev story

Whitepapers

5 things you didn’t know about cloud backup
IT departments are embracing cloud backup, but there’s a lot you need to know before choosing a service provider. Learn all the critical things you need to know.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Backing up Big Data
Solving backup challenges and “protect everything from everywhere,” as we move into the era of big data management and the adoption of BYOD.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?