by Mike Masnick

Spamhaus Decides To Fight For Its Right To Build A Spam List

from the crossing-the-pond dept

Following the loss in the Illinois case where a judge fined Spamhaus $11 million, and the proposed punishment of taking the site offline, Spamhaus has decided that it needs to get back into this lawsuit. It had mostly ignored the Illinois case, claiming that an Illinois court had no jurisdiction over a UK-based organization. However, with the threat of being shut down, Spamhaus has decided that it needs to play ball and will appeal the decision, though it's likely that they'll try to make the case that they are out of the court's jurisdiction. The lawyers taking on the case, by the way, have apparently agreed to do so for free. Unfortunately, the fact that Spamhaus did eventually need to engage in the case (even if their legal help is free) might only encourage spammers to keep suing Spamhaus wherever they can to set up similar situations. It would be nice if there were an actual precedent that made it clear that keeping a list isn't illegal.

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  1. identicon
    Matthew, 18 Oct 2006 @ 5:35am

    Spamhaus isn't even the appropriate target

    As stated, Spawmhaus just keeps a list of spammers. It has criteria to be met before someone makes that list, and it has criteria to get off that list.

    The corporations and individuals who USE that list are the one's responsible for the alleged spammer's woes. Just like it is the user that is responsible for abusing a kind and gentle service, like eMule, to sample and distribute files.

    However, the "weed at the roots" mentality -- along with an individual's refual to take responsibility for his or her own actions -- makes these housekeeper companies easy targets. You, the plantiff, know you're a spammer. No one wants your junk, and the fact that you have to try so hard to get anyone to look at it should be evidence against you.

    We, the people, got email so our mailboxes wouldn't be full of crap about sales and pills and 'you may be the next...' junk. We got cell phones to get away from telemarketers. And yet, because of the lack of imagination or innovation, the spammers and telemarkters flaunt their ill-gotten gains to sue us into attempts at submission. Whether they're evil, or stupid, isn't clear, but their goal is to make your life harder so they can earn a dollar.

    I can only hope they quickly go the way of the snake-oil salesman.

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