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Libel Suit Against Spamhaus Moves Forward

2/10/15
 
By Ken Magill
 
Anti-spam outfit Spamhaus is being sued in the UK by two marketers for alleged libel, the Magill Report has learned. 
 
The suit was filed in July. After a hearing on Dec. 12 in which Spamhaus moved to have the suit tossed, Justice Mark Warby issued a ruling on Jan. 27 allowing it to move forward.
 
Entrepreneurs Craig Ames and Robert McGee claim, among other things, that last year they were wrongly placed on Spamhaus’s Register of Known Spam Offenders, or ROKSO list, and placed at the top of its Top 10 World’s Worst Spammers list.
 
Ames and McGee contend they have substantial business reputations in England and Wales that Spamhaus has seriously damaged with its postings on them.
 
They also claim Spamhaus misused private information by publishing their addresses, according to the ruling. McGee also reportedly claims Spamhaus committed copyright infringement by posting his photo.
 
Spamhaus maintains lists of what its volunteers deem to be sources of spam. Many email inbox providers reference Spamhaus as at least part of their algorithm to determine whether or not incoming email is spam.
 
A listing on Spamhaus can result in serious email deliverability troubles.
 
In attempting to get the suit dismissed, Spamhaus argued, among other things, that Ames and McGee do not have a substantial business reputation in the UK and that their libel claim is an abuse of process.
 
Justice Warby ruled otherwise.
 
Ironically, Spamhaus’s reputation as a widely respected organization whose word is taken seriously worked against it in this ruling.
 
“The evidence makes clear that Spamhaus has gained a reputation for accuracy and reliability,” the ruling said. “The defendants' evidence describes the organisation as ‘one of the most widely used sources of information about known spammers worldwide … relied on by over 2,500 ISPs’, ‘enormously respected and influential’. These matters are relevant to an assessment of the likely impact of being named. So is the evidence of Mr Ames that he knows from his own experience in the industry that Spamhaus is ‘well known, widely used and well respected.’
 
“I have concluded that each of the claimants has a real prospect of establishing that publication of the words complained of within the jurisdiction during 2014 has caused serious harm to his reputation,” the ruling said.
 
This is not the first time Spamhaus has been sued.
 
In 2006, Dave Linhardt, principal of marketing firm e360 Insight, sued Spamhaus in Illinois alleging tortuous interference and defamation. Linhardt got an $11.7 million default judgment when Spamhaus representatives failed to show up in court. 
 
Five years later after much back and forth, the award was dropped to $3.
 
In 2003, a group calling itself EMarketersAmerica sued Spamhaus in Florida but withdrew the suit before it could go to discovery.
 
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Terms: Feel free to be as big a jerk as you want, but don't attack anyone other than me personally. And don't criticize people or companies other than me anonymously. Got something crappy to say? Say it under your real name. Anonymous potshots and personal attacks aimed at me, however, are fine.

Posted by: HRH Sven Olaf von CyberBunker-Kamphuis
Date: 2016-03-30 17:02:27
Subject: Fred

Fred/Fredrick/Stephen L. Linford? what should we call you...
who seriously gives a fuck if they are 'spammers'. what you call 'spamming' (and wether they do it in the first place ;) is a far less serious crime, and not a crime at all in most of the world, than 'slander' 'abuse of private information' 'database right violations' and outright 'blackmail', as well as being a criminal organisation, which is what spamhaus is. :P (if it's not some JTRIG front op ;) - now, you may call us 'spammers' all you want, we seriously do not care about that, that's just your own LSD trip that somehow seems to value some dinosaur age mail protocol without friends list (fix it, if you wanna keep it around, i'm not gonna do the coding for you, i think it should just -disappear- along with ftp, gopher and the lot of that old shit ;) and the so-called 'abuse' of that.

wanna know the fun fact: it wasn't the spammers that killed off smtp, it was YOU GUYS. graylisting (15 minute delays before accepting) made it no longer real-time, shitheads like spamhaus made it UNRELIABLE. (and also, by listing dynamic ip ranges, (or what 'spamhaus' and co 'judge' to be 'dynamic' ip ranges) no longer capable of running in a peer-to-peer fashion, such as is, or rather, was, expected on most unix desktop boxes. (there is a reason they still ship with an smtpd on the box, to this very day ;)... wasn't us that 'killed it' (hell we don't even use it, however many times you keep calling us 'spammers' ;)

now what i'm surprised about is that they even managed to sue 'spamhaus' in the first place with all their weird non-existant office listings without as much as a mailbox.. (tell me stephen: did switserland kick your ass for not having a handelsregister eintrag, and not having an address where court orders can be delivered, yet pretending to be a legit 'swiss' operation? ;)
Posted by: Fred
Date: 2015-03-12 14:03:09
Subject: Spammer Alert: 1stinLineHosting, Cooma Hosting and 5th Ave. Hosting.

https://37prime.wordpress.com/2012/05/16/spammer-alert-1stinlinehosting-cooma-hosting-and-5th-ave-hosting/
Posted by: Fred
Date: 2015-03-11 21:04:28
Subject: Mamba Hosting.. Spammers

http://www.webhostingtalk.com/showthread.php?t=994976
Posted by:
Date: 2015-03-09 12:21:20
Subject:

Waiting for the inevitable flood of spamhaus shills to start. @Frederik Bussac Feel free to provide a link to some shred proof that hasn't been fabricated or provided by spamhaus.
Posted by: Frederik Bussac
Date: 2015-02-11 02:41:58
Subject: Ames & McGee = Mamba Hosting

This will be an interesting case. Anyone who's ever heard of Mamba Hosting knows them as a seriously dirty spam outfit.

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