MAAWG statement on email appending

MAAWG has published their position statement on email appending. It’s pretty explicit in it’s condemnation of the practice.

It is the position of MAAWG that email appending is an abusive practice. Sending email to someone who did not explicitly give informed consent for his or her email address to be used in this way is never acceptable. It will result in complaints, which only further illustrates how much end users find this practice abusive. It will result in delivery issues, largely as a result of those complaints. Legitimate marketers do not engage in email appending.

(bold in the original)
MAAWG isn’t mincing words here. They do not support sending mail without permission. They do not believe that matching an email address with a customer record constitutes permission to mail to that customer.

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Holomaxx status

Just for completeness sake, Holomaxx did also file an  amended complaint against Microsoft. Same sloppy legal work, they left in all the stuff about Return Path even though Return Path has been dropped from the suit. They point to a MAAWG document as a objective industry standard when the MAAWG document was merely a record of a round table discussion, not actually a standards document. I didn’t read it as closely as I did the Yahoo complaint, as it’s just cut and paste with some (badly done) word replacement.
So what’s the status of both cases?
The Yahoo case is going to arbitration sometime in July. Yahoo also has until May 20 to respond to the 1st amended complaint.
The Microsoft case is not going to arbitration, but they also have a response deadline of May 20.
I’m not a legal expert, but I don’t think that what Holomaxx has written fixes the deficits that the judge pointed out in his dismissal. We’ll see what the Y! and MSFT responses say a month from today.

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Holomaxx doubles down

Holomaxx has, as expected, filed a motion in opposition to the motion to dismiss filed by both Yahoo (opposition to Yahoo motion and Hotmail (opposition to Microsoft motion). To my mind they still don’t have much of an argument, but seem to believe that they can continue with this.
They are continuing to claim that Microsoft is scanning email before the email gets to Microsoft (or Yahoo) owned hardware.

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Marketing or spamming?

A friend of mine sent me a copy of an email she received, asking if I’d ever heard of this particular sender. It seems a B2B lead generation company was sending her an email telling her AOL was blocking their mail and they had stopped delivery. All she needed to do was click a link to reactivate her subscription.
The mail copy and the website spends an awful lot of time talking about how their mail is accidentally blocked by ISPs and businesses.

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