Spammer That Sued Spamhaus Now Sued for Spamming 110
Dave Q. Lintard writes with a link to The Register's coverage of a suit against the spammer that sued Spamhaus. e360 Insight, as the company is known, is accused of using a botnet and compromised headers to get their 'advertising' into the mailboxes of the claimant. These are also the folks that tried to get the Illinois courts to suspend SpamHaus's domain registration when they wouldn't play by e 360's rules. 'e360 Insight sued Spamhaus after the anti-spam organisation blacklisted 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.'
Factual inaccuracy (Score:5, Informative)
TFsummary failed to mention this.
Re:The Ultimate .Forward (Score:2, Informative)
I hate spammers, I think Spamhaus is fantastic. But it doesn't change the situation at hand, which is that there is potentially or allegedly illegal activity going on in servers located within the U.S. Someone is liable for it, and most likely it's the individuals operating those server. The problem is (for e360 anyway) there are hundreds if not thousands of them, and they can't be bothered with that many individual lawsuits. So, they went straight for the company causing them problems, and fell flat on their faces while doing it. I guess you can get mad at the U.S. court for it "thinking" that it had jurisdiction over a foreign company, but that's just the way the system works. As I said before, at the face, it appears that some illegal activity is happening on servers located in the U.S. Someone in the U.S. is liable for that, and e360 alleged that it was Spamhaus. Be mad that Spamhaus acted like retards over the whole thing, not at the courts for doing their job. Otherwise you've just got your sights on the wrong target, just like e360 did. I think a much bigger issue, one that's actually worth getting pissed off about anyway, is that the activity in question (blocking spammers) is actually possibly illegal in the U.S. The most fantastic part about all of it, is that it isn't in the U.K.
Re:Insanely arrogant USA judges (Score:5, Informative)
Jurisdiction has already been determined. (Score:4, Informative)
Courts already ruled that spammers can be sued where the spam is received (known as the effects test from Calder v. Jones, 465 U.S. 783, 804 S. Ct. 1482). My successful brief agaainst a porn spammer is here [barbieslapp.com].
Additionally, E360's sister business (http://www.bargaindepot.net) specifically programmed their web site to take orders from California (via drop down lists).
I don't think that any motion by them saying that there is no jurisdiction over them in Califonia, but they have jurisdiction over Spamhaus in the UK will pass either the smell test or the laugh test.
Careful what you say online about E360... (Score:5, Informative)
Recently E360INSIGHT have filed a suit against those same people, likely for defamation (or libel, not sure). However it's worth noting that they feel they can use the law to suppress anyone who wishes to refer to them as spammers.
The old saying still rings true, that spam is continually being redefined by the spammers as "that which we do not do".
http://spamresource.googlepages.com/e360vFerguson
I'm not being very original... (Score:3, Informative)
Re:Insanely arrogant USA judges (Score:2, Informative)
This statement requires substantiating evidence.
Here you go: http://www.spamsuite.com/files/e360vSpamhausNotice Removal.pdf [spamsuite.com]
By submitting the notice of removal instead of a defence of no jurisdiction, Spamhaus shot themselves in the foot, and submitted by default to the jurisdiction of the Illinois court.