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"Spammer" loses key battle against anti-spammer

Spamhaus keeps domain name
Mon Oct 23 2006, 08:16
UK anti-spam outfit Spamhaus has won a battle to keep its domain name being taken by an outfit it identified as a spammer.

E360insight successfully sued Spamhaus, in its absence, in a US court for $11.7 million for calling it a spammer on its black lists.

Since the ruling has no legal weight in the UK, Spamhaus ignored the court and e360insight attempted to get the same court to force the internet body ICANN to hand over the spamhaus domain name.

If it had succeeded it would have created a huge legal dilemma for ICANN because it would have indicated that the entire Internet would have been subject to US law.

ICANN told Judge Kocoras that even if he made the ruling it could not comply as it "does not have either the ability or the authority to do so."

According to Ars Technica, Kocoras said that the relief e360insight sought was "too broad to be warranted in this case" and that suspending the domain name would "cut off all lawful online activities of Spamhaus, not just those that are in contravention" of the default judgement.

He also added that e360insight's motion did not correspond to the gravity of the offending conduct.

More here. µ

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