We've discussed multiple times in the past how some anti-spam blackhole lists seem to go too far in blacklisting sites without providing any recourse, leading to plenty of false positives -- however, does that mean they should be sued? We've seen spammers sue anti-spammers in the past, including the case in Texas where some spammers tried to pretend that because they complied with CAN SPAM it was illegal to block their spam, but the latest lawsuit is interesting, because the person in question (whether he can be called a spammer is apparently an open question) has convinced a judge to issue a temporary restraining order barring the blackhole list from including his IP. This seems pretty questionable. A blackhole list is just that: it's a list. What individuals or ISPs choose to do with that list is really up to them. It shouldn't be blamed on the list if people filter out those emails. We may complain that these blackhole lists do a poor job of responding to false positives, but really the problem is with those who rely too much on those lists, rather than the lists themselves. If the lists are doing a bad job, and blocking too many legit sites, than that news will get out, and the list will lose its usefulness.
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