Comcast 1, E360 0

Topics

Sections

Access Tools

Comcast 1, E360 0

Apr 11, 2008 10:40 AM PST | Comments: 0

Print Email

By John Levine

The judge in E360 vs. Comcast filed his order yesterday (read previous postings here and here), and to put it mildly, he agreed with Comcast. It starts:

Plaintiff e360Insight, LLC is a marketer. It refers to itself as an Internet marketing company. Some, perhaps even a majority of people in this country, would call it a spammer.

and from E360’s viewpoint, goes downhill from there.

He goes through and point by point decides that E360 is wrong and Comcast is right. Comcast has a right under the CDA to block E360’s mail, because it considers that mail objectionable, regardless of whether E360’s mail complies with CAN SPAM. He disposes of a footnote of E360’s denial of service claim, and in another footnote of the tortious interference claim, the fraud and abuse claim, and the First Amendment claim. In the last paragraph, he grants judgment under CDA immunity, and just in case, he dismisses the remainder of the claims.

The order is only seven pages long, and his contempt for E360 drips from every paragraph. It’s a fun read.

Next up: Comcast’s sweeping countersuit.

Source Credit: This has been a featured post from John Levine, Author, Consultant & Speaker. To learn more, visit this participant's full profile page.

More Under: Spam

Stay Updated: To receive weekly email updates from CircleID sign up here or see the list of RSS feeds and mobile version of this site.

Print Email

Comments

+ Add your comments here.

Start Your AdAds

Industry Updates

May 17, 2008 5:28 PM PST

Hostway to Offer Cable Companies Additional Revenue Streams at NCTA’s Cable Show ‘08

Hostway will participate in the National Cable & Telecommunications Association's Cable Show '08 as an exhibitor offering attendees additional revenue streams through its white label Web hosting program. ›››

By Hostway | Views: 40

May 15, 2008 11:28 AM PST

Overstock.com Chooses NeuStar’s UltraDNS for Managed DNS Service

NeuStar, Inc. has announced that Overstock.com, a popular online closeout retailer, has chosen NeuStar's UltraDNS Managed DNS Service to provide Overstock.com with a global DNS infrastructure that significantly enhances end-user experience and operational security -- and protects revenue in the highly competitive online retail market. ›››

By NeuStar | Views: 156

May 14, 2008 11:37 AM PST

Inside Your Domain Portfolio

We've seen a lot of changes in the domain industry over the last year, some positive, some challenging. Whether you're an old pro or just beginning, this spring is a great time to take inventory and make sure your domain business is on the right track for success this year and beyond. ›››

By Sedo | Views: 177

May 14, 2008 11:32 AM PST

Sedo at Domain Roundtable 2008, San Francisco

Domain Roundtable 2008 was an all-around successful event for Sedo. The conference was attended by the domain industry's best and brightest and the Sedo team was right there in the thick of it. ›››

By Sedo | Views: 176

May 14, 2008 11:27 AM PST

Sedo’s New Brokerage Application

Have you ever wanted to buy or sell a domain or a portfolio of domains but just didn't have the time to market it, manage and negotiate the best possible price? You can now request this premium service and work with an experienced Sedo domain broker. ›››

By Sedo | Views: 230

May 13, 2008 3:00 PM PST

ICANN Unanimously Approves RegistryPro Proposal to Expand the .Pro TLD

RegistryPro, the exclusive operator of the .Pro top level domain (TLD), has received approval from ICANN to greatly expand the scope and availability of the .Pro TLD. The newly ratified terms of service increases the number of professionals who are eligible for the TLD, extends the availability globally, and streamlines the registration process. ›››

By Hostway | Views: 343

May 06, 2008 10:16 AM PST

Oversee.net’s DomainSponsor Presents 3rd Annual DOMAINfest Global

The third annual DOMAINfest Global, the premier conference and networking event for the domain name industry, will be held at the Renaissance Hollywood Hotel in Hollywood, California from January 28-30, 2009. Event registration will open later this year. ›››

By DomainSponsor | Views: 546

May 02, 2008 10:21 AM PST

.NL Auction Sneak Peak!

Join Sedo for our much anticipated .NL auction, being held from May 2nd 4pm (EST) until May 9th at approximately 4pm (EST). As the worth of the .NL continues to increase, so does the demand. ›››

By Sedo | Views: 618

Apr 30, 2008 10:01 AM PST

dotMobi Requests Proposals for find.mobi

dotMobi today announced that is accepting proposals for find.mobi, a consumer-facing mobile search tool; find.mobi was created by dotMobi's research and development team to demonstrate an operational mobile search engine that made the most of the mobile web and needs of on-the-go users. ›››

By dotMobi | Views: 830

Apr 28, 2008 2:08 PM PST

dotMobi Offers Prime Selection of Generic Domain Names to Spur Mobile Web Growth

As part of its ongoing series of unique methods of allocating Internet domain names, dotMobi is bringing 16 "premium names" to market at Moniker's T.R.A.F.F.I.C. East Auction on May 23, 2008. ›››

By dotMobi | Views: 1066

More Industry Updates ›››