Holomaxx dismisses part of lawsuit

Ken announced yesterday that Holomaxx dropped their suits against Ironport and ReturnPath. Suits against Yahoo and Hotmail are still active.
In the Yahoo case, there is a case management meeting on January 14th.
In the Microsoft case, a response the complaint is due by December 17th.
I’m not quite sure what happened to prompt this change, but I think it makes it even more unlikely that the case will be successful. The courts have repeatedly ruled in favor of ISPs in these kinds of cases.
EDIT: I’d link to Ken’s article, but I appear to have closed that tab and I can’t find it on his website. I’ll add it as soon as I do.
EDIT: Ken’s announcement

Related Posts

Office cat says

All work and no cat petting makes for a very cranky, and in the way, cat.

Read More

Why do ISPs do that?

One of the most common things I hear is “but why does the ISP do it that way?” The generic answer for that question is: because it works for them and meets their needs. Anyone designing a mail system has to implement some sort of spam filtering and will have to accept the potential for lost mail. Even the those recipients who runs no software filtering may lose mail. Their spamfilter is the delete key and sometimes they’ll delete a real mail.
Every mailserver admin, whether managing a MTA for a corporation, an ISP or themselves inevitably looks at the question of false positives and false negatives. Some are more sensitive to false negatives and would rather block real mail than have to wade through a mailbox full of spam. Others are more sensitive to false positives and would rather deal with unfiltered spam than risk losing mail.
At the ISPs, many of these decisions aren’t made by one person, but the decisions are driven by the business philosophy, requirements and technology. The different consumer ISPs have different philosophies and these show in their spamfiltering.
Gmail, for instance, has a lot of faith in their ability to sort, classify and rank text. This is, after all, what Google does. Therefore, they accept most of the email delivered to Gmail users and then sort after the fact. This fits their technology, their available resources and their business philosophy. They leave as much filtering at the enduser level as they can.
Yahoo, on the other hand, chooses to filter mail at the MTA. While their spamfoldering algorithms are good, they don’t want to waste CPU and filtering effort on mail that they think may be spam. So, they choose to block heavily at the edge, going so far as to rate limit senders that they don’t know about the mail. Endusers are protected from malicious mail and senders have the ability to retry mail until it is accepted.
The same types of entries could be written about Hotmail or AOL. They could even be written about the various spam filter vendors and blocklists. Every company has their own way of doing things and their way reflects their underlying business philosophy.

Read More

E-Postage Just Won't Die

E-Postage is back! Wired covers a report from New Scientist. Here’s what they have to say: “Yahoo’s researchers want you to voluntarily slap a one-cent stamp on your outgoing e-mails, with proceeds going to charity, in a bid to cut down on spam. Can doing good really do away with spam, which consumes 33 terawatt hours of electricity every year, not to mention way too much of our time?”
Alex Rubin at Return Path says hold up, wait a minute. He writes: “Our contacts at Yahoo! tell us this idea is purely in the research realm, and is not scheduled for development in Yahoo! Mail. In other words: it isn’t even vaporware and isn’t likely to be a part of the Yahoo! mail system anytime soon.” He goes on to say (I’m paraphrasing) that oops, Yahoo didn’t really intend for this research to become public.
So, apparently, there are no plans for Yahoo to roll out E-Postage today, tomorrow or next week. Nothing to see here, beyond a simple web site and some thoughts from a Yahoo researcher. Some individual’s hopeful vision for the future, not a corporate announcement of an upcoming product.
E-Postage has always been a neat idea, I’ve thought. A neat idea beset by insurmountable problems. First, end users don’t want to pay for the email messages they send, they want all you can eat. With years of webmail providers offering free email access, you’ll have a heck of a time convincing somebody’s grandmother that they have to pony up a nickel to be able to email the grandkids.
Then, answer me this: Who’s going to handle the economics on the back-end? And any time you have a computer storing a resource (like, say, account information for that tiny little bit of money you’ll need to be able to send me an email), that information can be hacked, exploited, stolen. You think spammers are actually going to pony up? Why would they? They’ll just hack into millions of exploitable computers, stealing five cents from everyone along the way, and gleefully shoveling millions of spams into millions of inboxes.
This concept of E-Postage, either paying money to send email, or spending “computational power” to send email, has been kicking around for years. Periodically, some researcher comes up with the idea anew, and suggests that we all immediately adopt their sure fire plan to solve the world’s spam problem, immediately, pennies at a time. These ideas never seem to go anywhere. And that will never change until somebody can actually convince most of the world to adopt their proposed scheme. Will it ever happen? Never say never, but I have no plans to rush out and buy e-Stamps any time soon.
— Al Iverson

Read More