Appeals Court Tosses Out $11 Million Ruling Against Spamhaus... For Now
from the one-step-in-the-right-direction dept
While this is initially a victory for SpamHaus, it doesn't change the initial default judgment against SpamHaus -- it just sends the ruling back to the lower court to rethink what the punishment should be. So, SpamHaus may still be on the hook for certain damages and may again be told not to list e360insight (though, again, it'll probably ignore any such ruling). Of course, with the recent ruling that found section 230 of the CDA means that anti-spyware vendors are allowed to call any software they want spyware, as long as they have a good faith belief that it is spyware, you have to wonder if SpamHaus could use the same law to defend its ability to call any particular organization a spammer. It may be too late for that in this case, with SpamHaus already having decided not to take part -- but for future reference, it will be interesting to see if others start using this same argument.