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e360 v. Comcast


rconner
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Missed this bit of news, but e360 (the plaintiffs in the infamous e360 v. Spamhaus case) filed suit in january against Comcast, claiming that by blocking mail from e360, Comcast was engaging in restraint of trade, unfair competition, an illegal DDOS attack, and (to cap it all) violation of e360s free speech rights.

I have a post on this on my brand-new blog: http://www.rickconner.dreamhosters.com/?p=22

Case documents are available from our friends at SpamSuite.com.

-- rick

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BWHAHAHAHA funny sh*t.

The damages they claim are just astronomical... if they seriously make this kind of money a year, I'm in the wrong business:

Comcast’s interference with e360’s business relationships causes e360 significant damage. e360 estimates the damage to exceed $4.5 million per year from 2005 through 2007.

e360 estimates that such denial of service attacks upon its systems have cost it five hundred ninety-one thousand two hundred ($591,200.00) dollars.

e360 estimates that Comcast false bounce information and destruction of its email database has caused it $2,498,924.00 dollars.

.... it goes on and on.

They want: $21,590,124.00

Seriously.. if they're raking in that kind of cash off opt-in spamming, then I am in the WRONG racket.

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BWHAHAHAHA funny sh*t. Seriously.. if they're raking in that kind of cash off opt-in spamming, then I am in the WRONG racket.

I imagine that inflating damages is pretty standard stuff in filing civil suits, and it might possibly get the defendant to settle for a lesser amount. Only, in this case, it doesn't seem as though Comcast is inclined to settle.

Another hoot is E360's claim that Comcast was DDOSing them by either tarpitting or greylisting them. E360 says that they would delete an address from their database if they got an MX bounce, and such removals in response to "false" bounces (maybe greylist bounces) represented Comcast reaching into their servers and damaging them.

I can only conclude that (1) E360's outgoing MTAs are not smart enough to multi-thread or to timeout after excessive delay, and (2) that E360 is too quick to delete addresses if they get a greylist bounce. Neither of these can be blamed on Comcast.

-- rick

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...I can only conclude that (1) E360's outgoing MTAs are not smart enough to multi-thread or to timeout after excessive delay, and (2) that E360 is too quick to delete addresses if they get a greylist bounce. Neither of these can be blamed on Comcast
In a litigious society the role of victim becomes a profession, one which is frequently well-remunerated for reasons that have nothing to do with "common-sense" merit. Only in the Courts of Equity is it (supposedly) possible to dispense with the BS and look solely at the evident merits of the case (hence the truism along the lines of "Don't go to Equity unless you have clean hands."). There ought to be more of it, eh? It boils down to just two "laws"
  • don't hurt people
  • don't be too easily hurt

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