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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
    Nicko, 18 Oct 2006 @ 8:47am

    Re: Re:

    Although laws and cases in other countries have some weight, they really don't set the same precedence as a court case inside the same legal system. And Spamhaus really doesn't have much to fear from lawsuits in the UK, since the UK has strict anti-spam laws.

    So in reality their only real fears would be: possible problems if doing business in the US, and loss of the .org domain (which if they had political pull in the UK could really open up the whole ICANN/US control problem).

    Now it probably would have been a good idea to have a lawyer send a letter to the court and the plaintiff explaining why they were not within that court's legal jurisdiction and that this case needed to be remanded to the FTC, or filed in a UK court, directly after it was filed.

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