Law
And the verdict is….
Spamhaus in a landslide. The 7th Circuit has issued its opinion in e360 Insight’s case against the Spamhaus Project. The award against Spamhaus was reduced to $3. That would be a dollar apiece for defamation, tortious interference with prospective economic advantage, and actual damages. e360 appealed the verdict claiming that the discovery sanctions that Judge [...]
Oral arguments in e360 v. Spamhaus
There were oral arguments yesterday in David Linhardt’s longshot of a lawsuit against Spamhaus. You can listen to the mp3 here. My impressions are that e360 is likely toast. In fact, I think that there is some chance, after hearing Judge Pozner refer to the damages case put on by e360 and it’s attorneys as [...]
Canada’s Anti-Spam Law: Does It Apply to Me?
Lots of time and space has been dedicated to an examination of Canada’s new anti-spam law. And we have been watching it too. For a general overview of the law, I would suggest reading Al Iverson’s ExactTarget blog post about it. Today, though, let us consider a burning question in the eyes of marketers: “Does [...]
Somebody hasn’t read all of the CAN-SPAM Act
Image via Wikipedia Big news today appears to be a couple of lawsuits filed by Holomaxx Technologies. One was filed against Yahoo and Cisco and the other against Microsoft and Return Path. In both, Holomaxx makes some statements that indicate that they don’t have a firm grasp of the CAN-SPAM Act. Here’s a snippet: HOLOMAXX [...]
Answering @drdigipol
Image via Wikipedia Al Iverson, my good friend, asked me to have a look at a question asked on Twitter by @drdigipol about DNSBLs and advocacy groups. Here’s the question (in case you don’t feel like following the link): Question re SPAM Blacklist Services: What r policies re advocacy orgs that send email not covered [...]
Email is about relationships
Did you know that it’s entirely possible to learn the wrong lessons? Well, it is. I use Zemanta to suggest possible links for blog posts. As I was writing yesterday’s blog post, a suggested link came up dealing with CAN-SPAM and the definition of “spam”. That link shows how some people just don’t get it [...]
Pre-Existing Business Relationships Don’t Matter
Image by Getty Images via Daylife I was reading the Terms of Service for an ESP today. Under the section entitled “Affirmative Consent” we read: Clients may only use [the ESP] to send email to individuals who have either provided affirmative consent through an “opt-in” process that they want to receive the type of email [...]
When is a press release an advertisement?
Image via Wikipedia One of the first things I learned when I became a legal assistant is that there are rarely any pat answers. A blanket assertion is almost always wrong. (Did you see the attorney-like weasel wording there?) There has been an interesting discussion on Twitter today regarding a February Techcrunch post (and wow [...]
Back to WHOIS Privacy Services
Image by Getty Images via Daylife There seems to have been a bit of confusion over a previous post I’ve made over the use of WHOIS privacy services, like Domains By Proxy. It has gotten back to me that some people are pointing to that post as saying that ANY use of a WHOIS privacy [...]
The Legal Status of Feedback Loops
An interesting question comes in today: “Is it required by law to unsubscribe feedback loop complaints received by senders?” And I call it interesting because it’s a question dealing with legal status, and not best practices. So, today’s post gets a caveat: I am not an attorney licensed to practice in any jurisdiction and so [...]
