Techdirt lawsuit settled

Back in 2017 Techdirt wrote a series of articles about Shiva Ayyadura. Shiva claims he invented email. (narrator voice: he didn’t). I wrote about the lawsuit when it was dismissed on First Amendment grounds. The parties cross appealed, and have been in settlement talks for 18 months.

According to Techdirt, the non-monetary settlement they agreed to is that all the articles in dispute will have a link to a statement published by Shiva.

You may wonder how it could possibly take 18 months to negotiate a settlement about adding links to old articles — and, indeed, I wonder that myself. The entire process has been quite a pain for us. I cannot and would not describe this result as a victory, because this has been nearly two and a half years of wasted time, effort, resources, attention and money just to defend our right to report on a public figure and explain to the world that we do not believe his claims to have invented email are correct, based on reams of evidence.


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September 2016: The month in email

Happy October, everyone. As we prepare to head to London for the Email Innovations Summit, we’re taking a look back at our busy September. As always, we welcome your feedback, questions, and amusing anecdotes. Seriously, we could use some amusing anecdotes. Or cat pictures.
 
San Francisco and Coit tower
We continued to discuss the ongoing abuse and the larger issues raised by attacks across the larger internet infrastructure. It’s important to note that even when these attacks aren’t specifically targeting email senders, security issues affect all of us. It’s important for email marketers to understand that increased attacks do affect how customers view the email channel, and senders must take extra care to avoid the appearance of spam, phishing, or other fraudulent activity. I summarized some of the subscription form abuse issues that we’re seeing across the web, and noted responses from Spamhaus and others involved in fighting this abuse. We’re working closely with ESPs and policy groups to continue to document, analyze and strategize best practices to provide industry-wide responses to these attacks.
I was pleased to note that Google is stepping up with a new program, Project Shield, to help journalists and others who are being targeted by these attacks by providing hosting and DDoS protections.
I’m also delighted to see some significant improvements in email client interactions and user experiences. I wrote a bit about some of those here, and I added my thoughts to Al’s discussion of a new user interaction around unsubscribing in the iOS 10 mail client, and I’ll be curious to see how this plays out across other mail clients.
For our best practices coverage, Steve wrote about global suppression lists, and the ways these are used properly and improperly to prevent mail to certain addresses. I wrote about using the proper pathways and workflows to report abuse and get help with problems. I also wrote about the ways in which incentivizing address collection leads to fraud. This is something we really need to take seriously — the problem is more significant than some bad addresses cluttering up your lists. It contributes to the larger landscape of fraud and abuse online, and we need to figure out better ways to build sustainable email programs.
Is there such a thing as a perfect email? I revisited a post from 2011 and noted, as always, that a perfect email is less about technology and more about making sure that the communication is wanted and expected by the recipient. I know I sound like a broken record on this point (or whatever the 21st century equivalent metaphor of a broken record is….) but it’s something that bears repeating as marketers continue to evolve email programs.
We had a bit of a discussion about how senders try to negotiate anti-spam policies with their ESPs. Is this something you’ve experienced, either as a sender or an ESP?
In Ask Laura, I covered shared IP addresses and tagged email addresses, questions I get fairly frequently from marketers as they enhance their lists and manage their email infrastructures. As always, we welcome your questions on all things email delivery related.

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The perfect email

More and more I’m moving away from consulting on technical setup issues as the solution to delivery problems. Delivery is not about the technical perfection of a message. Spammers get the technical right all the time. No, instead, delivery is about sending messages the user wants. While looking for something on the blog I found an old post from 2011 that’s still relevant today. In fact, I’d say it’s even more relevant today than it was when I wrote it 5 years ago.
authenticated
Email is a fluid and ever changing landscape of things to do and not do.
Over the years my clients have frequently asked me to look at their technical setup and make sure that how they send mail complies with best practices. Previously, this was a good way to improve delivery. Spamware was pretty sloppy and blocking for somewhat minor technical problems was a great way to block a lot of spam.
More recently filter maintainers have been able to look at more than simple technical issues. They can identify how a recipient interacts with the mail. They can look at broad patterns, including scanning the webpages an email links to.
In short, email filters are very sophisticated and really do measure “wanted” versus “unwanted” down to the individual subscriber levels.
I will happily do technology audits for clients. But getting the technology right isn’t sufficient to get good delivery. What you really need to consider is: am I sending email that the recipient wants? You can absolutely get away with sloppy technology and have great inbox delivery as long as you are actually sending mail your recipients want to receive.
The perfect email is no longer measured in how perfectly correct the technology is. The perfect email is now measured by how perfect it is for the recipient.

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