[plug] SPAM Case: Well done Jeremy

James Bromberger james at rcpt.to
Mon Oct 14 11:56:32 WST 2002


From the Australian:

http://australianit.news.com.au/articles/0,7204,5283290%5E15306%5E%5Enbv%5E,00.html

    THE Australian court system upheld the right of internet activists
    to campaign against junk email in a landmark decision today.

    The District Court of Western Australia dismissed the lawsuit by
    Perth-based direct marketing firm T3 Direct against anti-spam
    activist Joey McNicol, describing it as "speculative and based on
    propositions (the plaintiff) knew to be incorrect".

    The Which Company, trading as T3 Direct, had sued Mr McNicol for
    allegedly getting the company black-listed on anti-spam website
    SPEWS.org

    SPEWS - or the Spam Prevention Early Warning System - publishes a
    list of internet protocol (IP) addresses believed to be used for
    unsolicited bulk email or spam. Network administrators and internet
    service providers (ISPs) can refer to the SPEWS list to block
    traffic from the black-listed IP addresses on their networks.

    T3 claimed the action cost at least $82,000 in lost income and the
    cost of repairing its computer systems. Mr McNicol denied
    contacting SPEWS and argued that nothing he did or was accused of
    doing was illegal and today the court granted Mr McNicol's
    application for summary judgment.

    The court found that T3 offered neither proof that Mr McNicol had
    contacted SPEWS nor that doing so was illegal.

    The court rejected T3's claim that such a complaint to SPEWS was
    "unfounded", noting that T3 had elsewhere admitted to sending
    unsolicited advertising emails.


Well done. 

-- 
 James Bromberger <james_AT_rcpt.to> www.james.rcpt.to
 Remainder moved to http://www.james.rcpt.to/james/sig.html
 The Australian Linux Technical Conference 2003: http://www.linux.conf.au/
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