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7th circuit court ruling in e360 v. Spamhaus

Mickey has some commentary and the full ruling up on Spamsuite. In short the appeals court affirmed the default judgment, vacated the judgment on damages and remanded the case back to the lower court to determine appropriate damages.
There are a couple bits of the ruling that stand out to me and that I think are worthy of comment.
Spamhaus made a very bad tactical decision by initially answering and then withdrawing that answer. The appeals court ruled that action signaled that Spamhaus waived their right to argue jurisdiction and that they submitted to the jurisdiction of the court. Based on this, the appeals court upheld the default judgment against Spamhaus. Not necessarily the outcome any of us wanted, but that doesn’t set any precedent for future cases unless defendants answer and then withdraw the answer. Specifically on page 12 of the ruling the court says:

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First Post

Everybody’s doing it, blogging I mean. It struck me this was a good place to write about delivery issues I encounter in my job and solutions I’ve found for the problems my clients have. This would also be a place to comment on new issues I’ve seen from ISPs.I’ve listed a couple delivery blogs I read over on the blogroll. I’ll also be updating that with some marketing related blogs I’ve found useful.Thanks for stopping by!

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