Decisão boba de juiz sobre a Internet
RESUMO:
A SpamHaus ("A Casa do Spam", em alemão) divulga os sites dos spammers, que são depois filtrados pelos softwares anti-spam dos sites que existem pelo mundo. Um desses spammers, o americano e360insight, incluido na lista negra, processou nos EUA a Spamhaus inglesa. A Spamhaus respondeu dizendo que: (1) o e360insight é mesmo um spammer; (2) esse processo é inútil e sem sentido; se quiserem processar a Spamhaus, entrem com o processo em tribunais ingleses, não americanos.
SPAMHAUS UNMOVED BY FINE
A federal court in Illinois has issued a default ruling against British antispam organization Spamhaus and ordered it to pay $11.7 million to e360insight, the plaintiff in the matter.
Officials from e360insight complained that Spamhaus included the company on its blacklist, alerting users of the list that e-mail from e360insight is spam and should be filtered.
Default judgments are issued when a defendant offers no defense; in this case, Spamhaus did not offer a defense.
The court also ordered Spamhaus to remove e360insight from its blacklist and publish an apology.
Officials from Spamhaus said e360insight in indeed a spammer and would publish no such apology.
Further, they said that because Spamhaus is based in the United Kingdom, a ruling from a U.S. court is meaningless.
If David Linhardt, chief of e360insight, wants a court ruling that will have an effect, he must file his case in the United Kingdom, according to Spamhaus officials.
Dean Drako, CEO of Barracuda Networks, which makes antispam appliances and uses Spamhaus's blacklists, supported Spamhaus and accused e360insight of taking advantage of the U.S. courts to gain what he sees as a meaningless judgment.
CNET, 14 September 2006
http://news.com.com/2100-7350_3-6116009.html
JUDGE REFUSES TO DISABLE SPAMHAUS
A judge in Illinois has rejected a petition by e360 Insight to force the closure of the Internet domain of antispam company Spamhaus.
Last month, the U.S. District Court for the Northern District of Illinois ordered Spamhaus to pay e360 Insight $11.7 million in damages for blacklisting the company, which keeps users of Spamhaus's antispam list from accepting messages from the e360 Insight domain.
Following that ruling, e360 Insight asked the court to suspend the spamhaus.org domain, but Judge Charles Kocoras rejected that request.
Blocking the Spamhaus domain, he said, would prevent the company from engaging in activities that the court considers legitimate and would be unduly severe.
For its part, Spamhaus insists that e360 Insight is in fact a spammer.
Spamhaus, which is based in the United Kingdom, has also said it is under no obligation to pay the fine imposed by the Illinois court because that court has no jurisdiction over Spamhaus's actions.
Silicon.com, 23 October 2006
http://management.silicon.com/government/0,39024677,39163463,00.htm