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The Courts Spam IT

Court Renders $3 Judgment Against Spamhaus 156

Posted by Soulskill
from the that-is-not-a-typo dept.
www.sorehands.com writes "Back in 2006, e360Insight and David Linhardt obtained an $11.7M judgment against Spamhaus, an international anti-spam organization. The judgment was subsequently appealed and reduced to $27,002. That judgment was appealed yet again, and the appeals court has now vacated the earlier number and entered a judgment against Spamhaus in the amount of $3. (Yes, three dollars.) As you may recall, e360's oral arguments for the latest appeal were not well received by the court." The ruling itself is a fairly entertaining diatribe about how e360 shot itself in the foot repeatedly and with enthusiasm throughout the case, and contains gems like this: "By failing to comply with its basic discovery obligations, a party can snatch defeat from the jaws of certain victory."
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Court Renders $3 Judgment Against Spamhaus

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  • So... (Score:2, Insightful)

    by Anonymous Coward on Saturday September 03, 2011 @11:57AM (#37296494)

    The spammers still won... Sure it's only 3 dollars.. But they still won. Instead of being burned at the stake like they deserve...
    How is that justice or a good thing?

  • Re:So... (Score:5, Insightful)

    by WrongSizeGlass (838941) on Saturday September 03, 2011 @11:59AM (#37296512)

    The spammers still won... Sure it's only 3 dollars.. But they still won. Instead of being burned at the stake like they deserve... How is that justice or a good thing?

    It's not perfect, but it is good because Spamhaus gets to stay in business and fight spam for all of us.

  • Re:So... (Score:4, Insightful)

    by rekoil (168689) on Saturday September 03, 2011 @12:17PM (#37296592)

    I'm guessing the $3 comes from $1 for each of the three charges in the original suit - the lowest amount a US Judge is allowed to award a plaintiff. In other words: "I have to decide in your favor, but I'll be damned if you actually get anything out of it".

  • Re:So... (Score:4, Insightful)

    by TheRaven64 (641858) on Saturday September 03, 2011 @01:30PM (#37296960) Journal
    There's one important thing about having the spammers win: you can appeal if you lose a case, you can't appeal if you win. If the judge had ruled against the spammers, then they could have appealed at the next court up and wasted more time and money. This judgement means that Spamhaus can appeal if they want (which, I presume, they won't), but the spammers have to accept the judgement. The point of an award like this is to say 'you are technically in the right as a point of law, but you shouldn't actually win, no go home.'

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