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
    Trouble Maker, 18 Oct 2006 @ 7:29am

    two cents worth

    Let’s revisit this issue: I have a EULA that I maintain on my computers, in the legalese jargon there are stipulations for entities that installs intrusive software on my system(s) without my knowledge. In a nut shell it states that in doing so they unconditionally agree to the terms and conditions of the EULA and are in most case the agreement is for a rather large sum of monetary compensation. I know have provisions for Spammers and Phishers. In summery the clause states that they are welcome to send their unsolicited email to me but in doing so they agree that a monetary compensation for my processing fee for each item is established at $150.00 per item.

    Some will say that my EULA will never work; I say if an Illinois court can sue a UK based company you need to think again.

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