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Judge finds Spamhaus doesn't have to pay spammers
A judge has reversed a $11 million dollar judgment against anti-spam organization Spamhaus. Earlier, another court had ordered that Spamhaus cough up the money for placing "online marketing" company (spammers) e360insight on its blacklist of known spam senders. U.K. headquartered Spamhaus chose not to fight the case since it concluded it was safe from United States law.
The Spamhaus blacklist is used by many anti-spam filter programs. While it's not the default configuration, SpamButcher can be setup to utilize it if desired. However, most users find that the CBL blacklist offers better performance.
A judge later requested ICANN take Spamhaus offline by suspending its domain name. ICANN refused to do so.
Eventually Spamhaus decided to fight the case in court by appealing the prior ruling. Founding Spamhaus member Steve Linford expressed the desire to prevent similar frivolous suits by the spammer. Since U.S. law is heavily based on precedent, spammers getting away with such legal actions can be seen as an ominous sign of things to come. The Seventh Circuit Court of Appeals found in the new ruling that the court had previously erred in that it failed to consider if any damages were actually sustained be e360insight.
However, the prior default judgment against Spamhaus is still valid. The lower court will now have to reconsider what, if any, penalties are truly appropriate for the case. Since Spamhaus has now involved itself in the proceedings, it may find it more difficult to just ignore any new fines placed against it.