Recent Posts

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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Affiliates: what is a company's responsibility

Many of my clients come to me when they end up with delivery problems due to the actions of affiliates. These can either be listings in some of the URL blocklists (either public or private) or escalations of IP based listings. In many of the cases I have dealt with affiliates, the affiliates have sloppy mailing practices or are out and out spammers.
Recently the FTC settled with Cyberheat over their liability for the behaviour of their affiliates. In this settlement Cyberheat is required to monitor their affiliates as follows:

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Yahoo, part 5…

… wherein I rename this blog “What change did Yahoo make today.” No, really, I like the guys at Yahoo a lot, but really, occasionally I would like to blog about something different!
Today’s change, actually yesterday’s, is that Yahoo has closed their beta FBL program to changes or additions. It is a beta program, this is not unexpected. They will be making changes based on the results of that program and will open it up sometime in the future.
Yahoo!’s announcement

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What to expect from your delivery consultant

Every once in a while I get a phone call asking me what delivery consultant do. What can I do for them? How can I help them? Delivery consulting is a very new field and it is understandable a lot of people do not know what we do.
The overall delivery consulting process here a Word to the Wise involves collecting detailed information about your mailing program and your technical setup, like:

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Yahoo delays, part 4: Yahoo blogs

Yahoo posted some suggestions about contacting their postmaster group over on the ymail blog.  They also explained what they were doing to solve the problems with response delays.
Some of the problem is being caused by excessive follow-up emails, either because senders did not provide all the necessary information initially or because they are asking why they have not heard anything. Each of these requires more work on the part of Yahoo and throws the queues into further disarray and puts everyone even more behind.
Yahoo asks that people be patient, they are working through things. On their end, they have added more staff to the postmaster team. They also suggest senders can help by providing ALL the information they ask for at http://postmaster.yahoo.com/ before submitting the request. Incomplete requests contribute even more to the backlog as Yahoo employees have to chase down senders to get their full information.

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e360 v. Comcast: part 2

Yesterday, I talked about e360 filing suit against Comcast. Earlier this week, Comcast responded to the original filing with some filings of their own.

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e360 v. Comcast: part 1

A few weeks ago I very briefly touched on the recent lawsuits filed by e360 against Comcast and a group of anti-spammers. In the Comcast suit (complaint here) e360 argues that Comcast is unfairly and incorrectly blocking e360’s email and are liable for damages to e360’s business.
They have a number of claims, including

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Ken speaks the truth

Ken Magill has a great article up today about how many marketers expect their ESPs to fix their delivery problems when in reality the marketers policies and practices are the real problem.

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Unauthenticated email

A few weeks ago, NetworkWorld posted an interview with Mark Risher of Yahoo. In it, Mark talked about how Yahoo had no plans to outright block or refuse any unauthenticated email. Of course authentication will be a large part of their decision making for incoming emails but they cannot just refuse to accept mail that is unauthenticated, because there are times when unauthenticated email is the most important mail to their recipients.
A lot of marketers often seem to forget that they are competing for time and space with other, non-marketing, types of email. Email from friends and family and discussion lists are both more important to most people that the latest and greatest email advertisement. These are the emails people want to receive, the ones they open, read and respond to.
In terms of authentication, right now the majority of wanted emails are unsigned with DK or DKIM.  Sure there are the early adopters who are using DK/DKIM to sign their emails, and a few large ISPs have started signing outgoing email. But until the vast majority of wanted email is actually signed, recipient ISPs are going to have to accept unsigned email.
Looking forward, even if all of the ISPs sign email sent through their SMTP servers, there will still be some fraction of desired email that will be unsigned. Individuals and small businesses who choose to run their own mailservers may not sign email. Even though these servers make up a tiny fraction of total email, they make up a much larger fraction of wanted email. ISPs cannot block this email without angering their customer base.
Marketers should not be concerned about ISPs blocking unauthenticated email, as it is extremely unlikely that any major ISP will do that. Marketers should focus, instead on making their email relevant and wanted by the recipients. I have been recommending clients plan to have all their outgoing emails DK/DKIM signed by the end of 2008.

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Roadrunner turns images off by default

Earlier this week DirectMag published an article talking about RoadRunner blocking images by default. I did talk to someone over at RoadRunner and found out a few more details about this change.
What is happening is that RR is rolling out a new web interface. This interface has both a bulk/spam filter and has images disabled by default.
I do not expect sender to notice this change in the open rates of RoadRunner addresses. Most RoadRunner customers use their own mail client (Outlook, Outlook Express, Thunderbird, etc.) and not the RR web interface. The number of uses this change touches is a very small fraction of the RR users.

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