RPost and Goodmail settle lawsuit

Last September, I blogged about RPost suing Goodmail for patent infringement. Today the two companies announced they’ve reached a settlement and have forged a partnership. Goodmail will be offering RPost’s technology as an upgrade to customers and replacing their own “proof of delivery” technology with RPost’s legal service technology.

“We carefully reviewed RPost’s patented technology,” said Daniel Dreymann, President and co-founder of Goodmail Systems, Inc.  “We decided that we could build the strongest product offering for these compliance products by partnering with them.”
“The combined product allows both RPost and Goodmail to do what they do best,” said Zafar Khan, CEO of RPost.  “Goodmail’s CertifiedEmail protects the recipients of email by letting them know that the message comes from a trusted sender. RPost’s Registered Email service protects email senders by allowing them to prove that their message was delivered and what it said.”

Last week, RPost announced a partnership with ReturnPath to offer proof of delivery certification into the ReturnPath product line as well.

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Yahoo and Goodmail

The industry has been abuzz the last few days with the news that of Feb 1, Yahoo will no longer be supporting Goodmail in their interface. I did get a chance to get a response from someone at Yahoo, but didn’t get a chance to talk to anyone from Goodmail. Look for a post next week discussing the breakup, what impact it has on the industry and what this may mean for other ISPs.

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Yahoo stops offering preferred delivery to Goodmail certified email

A week ago, Goodmail notified customers about upcoming changes to the Goodmail Certification program. They wanted customers to be aware that Yahoo was going to stop offering Goodmail certified email priority delivery and guaranteed inbox placement as of February first. I’ve talked with a number of people in the industry, including representatives of Goodmail and Yahoo about this change.
Yahoo was the first to respond to my request for a comment, and offered the following statements. The decision was made at some of the higher levels of management and my contact did not participate. I was told that Yahoo was looking to have more control over their incoming mail stream. They did not want to be contractually obligated to deliver email. The Yahoo rep also told me that Goodmail was in no way responsible for the Yahoo connectivity problems over the last couple weeks.
I also spoke with Goodmail. They also stated that Goodmail was in no way responsible for the Yahoo MTA problems. They are continuing to negotiate with Yahoo and are hoping to have full functionality to Goodmail certified email at Yahoo in the future. Also, Goodmail certified email may continue to see good delivery at Yahoo, but the certification symbol will not be displayed to Yahoo users.
I do believe Goodmail is continuing to negotiate with Yahoo, but I don’t expect to see any reversal of the decision any time soon. There are a number of underlying problems here, but reading between the lines it seems that Goodmail is certifying companies that send mail Yahoo users don’t want.
Last summer a number of people in the industry told me that Yahoo had a meeting with Goodmail and told Goodmail that the quality of the mail that they certified was not up to Yahoo’s standards. At that point, Goodmail dropped a number of clients and stopped taking on new clients. One colleague believed he had a slam-dunk application that would take days to approve. Instead he chased Goodmail sales reps for weeks looking for confirmation that his employer would be accepted. Eventually, he did receive a response: his employer was not accepted and there would be a full revamping of the qualifications for the certification program.
It seems, though, that any changes implemented by Goodmail over the summer did not improve the mail stream enough for Yahoo to continue outsourcing delivery decisions to Goodmail.
Quite frankly, I am unsurprised by this. My impression of Goodmail has always been they never really understood the role of a certifying agency. For any certifying agency to be successful, they must continually monitor certified customers and enforce standards. Goodmail’s initial certification process was fine, but they never seemed to follow through on the monitoring and enforcement. I remember sitting at lunch with one of their founders a few years ago and repeatedly asking the same questions: How are you going to police your customers? What are you going to do when bad mailers come to you? How are you going to enforce your standards? The answers I received were vague and left me with the opinion that they didn’t really understand what spammers would do, or pay, to get guaranteed inbox placement. I never felt they recognized the work involved in enforcing the high standards needed to keep their ISP partners happy with their service.
What distinguishes Goodmail from other certification services is that Goodmail doesn’t make recommendations to recipient ISPs. Instead, Goodmail partner ISPs are contractually required to accept Goodmail certified email and deliver that to the ISP. In this case, it appears the certified mail did not meet Yahoo’s standards, and Yahoo ended the contract. I don’t expect Yahoo to change their stance until Goodmail can convince Yahoo that Goodmail will treat Yahoo users email stream exactly the same as Yahoo does.

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20% of email doesn't make it to the inbox

Return Path released their global delivery report for the second half of 2009. To put together the report, they look at mail delivery to the Mailbox Monitor accounts at 131 different ISPs for 600,000+ sends. In the US, 20% of the email sent by Mailbox Monitor customers to Return Path seed accounts doesn’t make it to the inbox. In fact, 16% of the email just disappears.
I’ve blogged in the past about previous Return Path deliverability studies. The recommendations and comments in those previous posts still apply. Senders must pay attention to engagement, permission, complaints and other policy issues. But none of those things really explain why email is missing.
Why is so much mail disappearing? It doesn’t match with the philosophy of the ISPs. Most ISPs do their best to deliver email that they accept and I don’t really expect that ISPs are starting to hard block so many Return Path customers in the middle of a send. The real clue came looking at the Yahoo numbers. Yahoo is one of those ISPs that does not delete mail they have accepted, but does slow down senders. Other ISPs are following Yahoo’s lead and using temporary failures as a way to regulate and limit email sent by senders with poor to inadequate reputations. They aren’t blocking the senders outright, but they are issuing lots of 4xx “come back later” messages.
What is supposed to happen when an ISP issues a 4xx message during the SMTP transaction is that email should be queued and retried. Modern bulk MTAs (MessageSystems, Port25, Strongmail) allow senders to fine tune bounce handling, and designate how many times an email is retried, even allowing no retries on a temporary failure.
What if the missing mail is a result of senders aggressively handling 4xx messages? Some of the companies I’ve consulted for delete email addresses from mailing lists after 2 or 3 4xx responses. Other companies only retry for 12 – 24 hours and then the email is treated as hard bounced.
Return Path is reporting this as a delivery failure, and the tone of discussion I’m seeing seems to be blaming ISPs for overly aggressive spamfiltering. I don’t really think it’s entirely an ISP problem, though. I think it is indicative of poor practices on the part of senders. Not just the obvious permission and engagement issues that many senders deal with, but also poor policy on handling bounces. Perhaps the policy is fine, but the implementation doesn’t reflect the stated policy. Maybe they’re relying on defaults from their MTA vendor.
In any case, this is yet another example of how senders are in control of their delivery problems. Better bounce handling for temporary failures would lower the amount of email that never makes it to the ISP. This isn’t sufficient for 100% inbox placement, but if the email is never handed off to the ISP it is impossible for that email to make it to the inbox.

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