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OptInRealBig vs. SpamCop lawsuit filings


moonbroth

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Visit http://lawsuite.word-to-the-wise.com for an archive of court filings in re: Optinrealbig.com vs. Ironport dba Spamcop, including the very welcome (and at times highly amusing) Order Denying Plaintiff's Motion for Preliminary Injunction (i.e. Scotty getting spanked by the judge).

Recommended reading.

Cheers, Nick

(PS: moderators, I was surprised not to find this excellent resource already linked from these boards. If there's a reason for keeping the forums clean of legal stuff, please feel free to delete this post).

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There is no connection between your Washington State case and the Scotty case.

Right, but the Washington State case sets a favorable precedent for going after spammers. That's all I was saying. Surely some of Optin's mail goes to residents of the state of Washington.

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  • 1 month later...

A bit of an update, definitely wondering what may appear later in the day ...

http://www.clickz.com/news/article.php/3403421

spam King Settles with SpamCop

Mass e-mailer OptInRealBig.com has reached a settlement with anti-spam service SpamCop and its corporate parent, IronPort. Terms of the settlement will not be disclosed.

The parties will issue a joint press release on Friday confirming the settlement has been reached. Both have agreed not to make further comments.

-=-=-=-=-=-=-

OptinRealBig's press release already posted at http://lawsuite.word-to-the-wise.com/

And Ironport's version of the same drivel (unfortunately) is found at http://www.ironport.com/pdf/ironport_2004-09-03.pdf

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settled means nothing. that means something of an agreement was made between SpamCop and Snotty (ie in form of money? delistings? never to be listed again?)

its all too negative and with the "no discussion" or "settlement will not be released" it'll definite leave a sour taste in the anti-spam community.

WE should know what happened, because if snotty pulls this on others (does this case set a precedent for him? other spammers?) how will sys admins fight those lawsuits when filed?

news.admin.net-abuse.email has an ongoing discussion as well.

Sorry, Im gonna be a pessimist. I think Spamcop/Ironport caved in....

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No they didn't. What gives you that idea with the judge having rejected

the TRO and scolded his dad (the leagle beagle) for filing misbehavior.

IronPort could countersue just for those reasons and they did not. IronPort held the upper position all the way.

IANAL

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Who is the most inconvenienced by not being able to talk about the settlement?

There probably were no assets to economically seize if the court case continued, and Ironport won, so hopefully they got their legal costs paid.

And getting a gag put on a someone that likes to boast is priceless. Almost the worst thing that could happen to them.

-John

Personal Opinion Only

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