Appeal court quashes earlier e360 compensation ruling.
Anti-spam operation
Spamhaus
, previously ordered to pay $11 million to mass-mailing firm
e360 Insight
after refusing to contest a case accusing it of falsely labelling those behind
e360
as spammers, has had the fine thrown out in an appeal court.
The case was first brought
last autumn
, and after initially challenging the charges
Spamhaus
withdrew from the case, as the US court in which it was brought had no jurisdiction over the organisation’s UK-based operation.
e360
was thus granted a default ruling in its favour, with the $11.7 million fine called for based on its own uncontested evaluation of the damage caused by
Spamhaus
filtering out its mails. The spam fighting organisation was also ordered to apologise publicly and to remove
e360
from its ‘ROKSO’ list of known spammers in perpetuity – another ruling whose legality has been questioned by the appeal court.
The appeal court ruling still grants
360
the case, due to
Spamhaus
‘ refusal to contest it, but has passed the settlement award back to the lower court to be analysed more closely.
Spamhaus
continues to include
e360
on its list of spammers, and has suggested
e360
brings the case to a UK court, where its activities would fall under stricter anti-spam laws. Attempts by
e360
to have
Spamhaus
‘s domain registration revoked have been ignored by US courts.
A
Wired.com
blogger looks into the case in more detail
here
, and carries a full copy of the latest ruling (in PDF format)
here
.
Posted on 07 September 2007 by
Virus Bulletin
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