In addition to my own post mentioning the lawsuit, a number of other wise folks have commented on the Holomax lawsuit(s) against Microsoft and friends. None of whom seem to think Holomaxx has much of a chance of winning when going up against the ISPs.
Ken Magill: A HolomaXx Win? Er, Not Seeing it. Ken writes, "Rather than spending money on lawyers, maybe HolomaXx should be spending a little more time getting its clients to clean up their files." Zing!
Mickey Chandler: Somebody hasn’t read all of the CAN-SPAM Act. Mickey points out that Holomaxx "makes some statements that indicate that they don’t have a firm grasp of the CAN-SPAM Act." Mickey's not a lawyer, but his background suggests to me that he has a very solid understanding of what CAN-SPAM says or doesn't say.
Laura Atkins: The myth of the low complaint rate. Laura has a troll commenter, somebody named Steve White, who responded with, "I look forward to Holomaxx emerging victorious" in comments. A commenter named "mcnugget" followed up with a rebuttal, closing with, "That sword you think you hold may actually be a banana." Ha. Laura Atkins followed up with another post, pointing out that "there is plenty of case law around filters already," in response to Steve White's (paraphrased) YEAH!!! JUDICIAL SCRUTINY OF FILTERING!!! comment. Insert eye roll here.
John Levine: How not to get your mail delivered. John writes, "John writes, "Holomaxx claims that they are 100% CAN SPAM compliant. That may well be true, but of course, that has no bearing on whether they're sending spam."
John Levine goes on to answer an important question: Are Microsoft and Yahoo compelled to deliver mail to the inbox just because said mail is CAN-SPAM compliant? "Well, no. CAN SPAM says in section 7707(c):
"Nothing in this chapter shall be construed to have any effect on the lawfulness or unlawfulness, under any other provision of law, of the adoption, implementation, or enforcement by a provider of Internet access service of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages.
"That is, mail providers can filter mail any way they want." I couldn't agree more.
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