Spamhaus Project is bent on lawsuits
Defining spam is very difficult. It’s one thing if a Nigerian fraud scheme is distributed through a mass mailing list or fake medications are advertised. Here, no court will side with the spammer. But what to do if a certain non-profit organization sends out millions of leaflets calling for donation in favor of the starving or for another good purpose? If these are blacklisted, then the scandal is unavoidable. So it goes. Forbes magazine has published an article about lawsuits , for which the non-profit British organization Spamhaus Project , the most famous company that compiles and distributes the “black lists” of spammers, has to respond. Many Internet service providers and even government organizations use these lists to filter garbage in mail traffic.
Spamhaus Project understands any mass mailing as spam, which is carried out without the prior consent of the recipients. The problem is that the US law contains a different definition of spam. There is no ban on unsolicited mass mailings. The main thing is that the recipient had the opportunity to unsubscribe. Marketers who are engaged in mass mailings, categorically deny their spam essence. In November 2003, mass mailings from the company E360insig hit the "black list". Three years later, the Spamhaus Project received a claim for $ 25 million. The plaintiff claimed that 4 million users did not receive their “business correspondence” because of the blocking of the mailing, as a result of which the direct losses of the company exceeded $ 3 million.
The lawsuit was filed in June 2006. Strangely enough, but the American court listened to the arguments of the plaintiff and after several months of proceedings ordered the Spamhaus Project to compensate the damage to the affected marketers. However, the British organization refused to do so, citing what is outside the jurisdiction of the American court.
This is not the first legal action filed by marketers against the Spamhaus Project. According to the head of this organization, Steve Linford (Steve Linford), they have already spent more than $ 40,000 on successful defense against similar claims in the United States.
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At the same time, the level of spam in mail traffic sets new records. In 2006, its volumes doubled, so now spam accounts for more than 94% of all mail traffic on the Internet, according to Postini.
However, the American courts not only accept claims from spammers, but also successfully punish them with fines. For example, simple American Mark Mumma (Mark Mumma) organized a noisy anti-spam campaign: he specifically opened more than fifty mailboxes, which receives 8,000 spam letters per day, and then sues spammers. To date, Mumma has already won about $ 7,500 in court (having spent more than $ 50,000 on legal fees) and opened the site Sueaspammer.com , which reports on her success.
True, because of his activities, Mark is now in the balance from personal bankruptcy. One day, having received 11 unsolicited letters from a local tour operator, he cursed at their forum and called merchants "spammers", for which he immediately received a counterclaim for protection of business reputation for $ 3.8 million. Mamma lost in court and filed an appeal, so far, however, an enterprising American does not give up and opened another website, “Two bucks a month,” through which he asks sympathizers for financial assistance.
Spamhaus Project understands any mass mailing as spam, which is carried out without the prior consent of the recipients. The problem is that the US law contains a different definition of spam. There is no ban on unsolicited mass mailings. The main thing is that the recipient had the opportunity to unsubscribe. Marketers who are engaged in mass mailings, categorically deny their spam essence. In November 2003, mass mailings from the company E360insig hit the "black list". Three years later, the Spamhaus Project received a claim for $ 25 million. The plaintiff claimed that 4 million users did not receive their “business correspondence” because of the blocking of the mailing, as a result of which the direct losses of the company exceeded $ 3 million.
The lawsuit was filed in June 2006. Strangely enough, but the American court listened to the arguments of the plaintiff and after several months of proceedings ordered the Spamhaus Project to compensate the damage to the affected marketers. However, the British organization refused to do so, citing what is outside the jurisdiction of the American court.
This is not the first legal action filed by marketers against the Spamhaus Project. According to the head of this organization, Steve Linford (Steve Linford), they have already spent more than $ 40,000 on successful defense against similar claims in the United States.
')
At the same time, the level of spam in mail traffic sets new records. In 2006, its volumes doubled, so now spam accounts for more than 94% of all mail traffic on the Internet, according to Postini.
However, the American courts not only accept claims from spammers, but also successfully punish them with fines. For example, simple American Mark Mumma (Mark Mumma) organized a noisy anti-spam campaign: he specifically opened more than fifty mailboxes, which receives 8,000 spam letters per day, and then sues spammers. To date, Mumma has already won about $ 7,500 in court (having spent more than $ 50,000 on legal fees) and opened the site Sueaspammer.com , which reports on her success.
True, because of his activities, Mark is now in the balance from personal bankruptcy. One day, having received 11 unsolicited letters from a local tour operator, he cursed at their forum and called merchants "spammers", for which he immediately received a counterclaim for protection of business reputation for $ 3.8 million. Mamma lost in court and filed an appeal, so far, however, an enterprising American does not give up and opened another website, “Two bucks a month,” through which he asks sympathizers for financial assistance.
Source: https://habr.com/ru/post/5081/
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