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$234M default judgment against spammers

MySpace has won a 234 million dollar judgment against Walt Rines and Sanford Wallace.
“MySpace has zero tolerance for those who attempt to act illegally on our site,” [MySpace Chief Privacy officer] Nigam said in a statement. “We remain committed to punishing those who violate the law and try to harm our members.”
These are two of the spammers responsible for me learning to read headers and report spam. Both of them have previous judgments against them. Wallace sued AOL to force AOL to accept his mail. Eventually the judge ruled against Cyber Promotions and Wallace.

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Legal filings this week

It has been one of those weeks here and there have been a couple legal things that have come up that I have not had the time to blog about.
One is a post over on Eric Goldman’s blog by Ethan Ackerman discussing the Jeremy Jaynes case. It is quite an info heavy post, but well worth a read.
In addition to not having the time to fully read Ethan’s post and understand the legal subtleties he is discussion, I have not quite had the time to blog about two e360 filings that showed up this week.
The first is a filing by Spamhaus’ lawyers asking for the judge to compel e360 to participate in the discovery process. If you remember e360 won a default judgment against Spamhaus for over $11M. Spamhaus filed an appeal and the Seventh Circuit Court upheld the judgment but vacated damages. Spamhaus and e360 were ordered to conduct discovery on the damages.
I would assume that e360 would be eager to demonstrate the amount of damages Spamhaus caused them, but it appears this is not the case. According to the filing e360 has been missing deadlines and even skipped a planned deposition. The exhibits show numerous email conversations between the lawyers, with e360’s lawyers making repeated promises to deliver, and then failing to follow through.
There are a couple statements in the filing that stood out. First, this paragraph which contains a statement that should have e360’s lawyers shaking in their shoes.

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e360 v. Comcast: part 3

A couple weeks ago I posted about e360 suing Comcast. The short version is that e360 filed suit against Comcast to force Comcast to accept e360’s email. Comcast responded with a motion for judgment on the proceedings. This motion asked the judge to rule on e360’s case without going through the process of discovery or depositions or all the normal wrangling associated with a legal case. Comcast appears to be saying to the judge even if everything e360 alleges is true, we have done nothing wrong.
The judge asked for each party to prepare full briefs on the motion. e360’s response is due tomorrow and the Comcast reply to that is due on March 27.
Comcast does not appear to be content with just having the case dismissed. Today they filed a counterclaim and third-party complaint. The counterclaim is against e360, the third-party complaint incorporates David Linhardt, Maverick Direct Marketing, Bargain Depot Enterprises, Northshore Hosting, Ravina Hosting, Northgate Internet Services and John Does 1-50. Docs are up over on SpamSuite.
Comcast states the nature of the action in 4 short paragraphs.

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