May 15, 2003

Media3 v. MAPS spam case referenced in press again

Sigh ... I just saw the following spam/blacklist article, I have to remind myself once more to stay out of the spam-wars:

Blacklists vs. Spam

"Haselton found out that his organization had been placed on the Mail Abuse Prevention System (MAPS) list because of complaints that his Internet service provider, Media3 Technologies, refused to cut off service to companies suspected of doing business with spammers."

Much better information is in the court documents for Media3 v MAPS:

"MAPS responds that its assertion that Media3 is "spam-friendly" is true because Media3 does, in fact, host companies that provide services exclusively to spammers."

"Media3 has not established a likelihood that it will prevail on the merits of its defamation claim because, on the present record, MAPS has made a strong showing that its characterization of Media3 as "spam-friendly," is true. Media3's actions may well be found to outweigh its "Acceptable Use Policy." As described above, Media3 hosts several websites which provide support services that are used either exclusively or predominantly by spammers. See Def.'s Exhibits 1-4. These services include the sale of hundreds of thousands and even millions of e-mail addresses which are sold without any indication whatsoever that they are sold with the permission of the e-mail user. As the record stands, there is a serious question whether MAPS's assertion that Media3 is "spam-friendly" is defamatory because the statement appears to be accurate."

By Seth Finkelstein | posted in spam | on May 15, 2003 04:24 PM (Infothought permalink) | Followups
Seth Finkelstein's Infothought blog (Wikipedia, Google, censorware, and an inside view of net-politics) - Syndicate site (subscribe, RSS)

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