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19 Dec 2010

Microsoft responds to Holomaxx Email

The Holomaxx case grinds on to its inevitable conclusion, as Microsoft files a motion to dismiss all claims, and a crushing brief explaining why all of Holomaxx's claims are unsupported by facts, specifically contrary to law, internally contradictory, and in a few cases, just stupid. (Those are my words, not theirs, but what else can you call a complaint that Microsoft wasn't authorized to access their own mail servers?)

They make reference to many familiar cases, particularly E360 vs. Comcast, which had very similar facts, and which they cite in the first paragraph:

As a federal judge recently described a similar e-mail marketing service, "[s]ome, perhaps even a majority in this country, would call it a spammer."

I won't go through the brief in detail, but if you're looking for a comprehensive 33 page description of why spam filtering is absolutely, definitely, unarguably, without question, 100% legal, here it is.

posted at: 21:42 :: permanent link to this entry :: 1 comments
posted at: 21:42 :: permanent link to this entry :: 1 comments

comments...        (Jump to the end to add your own comment)

Rule 11 Sanctions?
Given that the complaint is clearly frivolous, I would think that Rule 11 sanctions may be in order. If the attorneys are personally on the hook, I think some of these cases would not be filed -- e360 v. Comcast, e360Insight v. ChoicePoint.

What I didn't see there is reference to White Buffalo Ventures, LLC v. University of Texas at Austin, 420 F.3d 366. That I find a bit surprising.

(by Bill Silverstein 21 Dec 2010 13:16)

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