Over on his blog, John Levine shares his thoughts on the default judgment in Zoobuh v. Better Broadcasting. Though it's a default judgment, the judge actually seems to have spent some time researching the law and didn't just blindly affirm everything the plaintiff presented.
Venkat Balasubramani covers this over on Eric Goldman's Technology & Marketing Law Blog, as well.
TL;DR? If you're a marketer, what this tells you is. 1. You should not hide domain ownership info behind "Domains-by-Proxy" or similar; and 2. It is not acceptable to make the unsubscribe link an image.
(Smart marketers already avoided WHOIS ownership masking services, because they know that their use makes ISPs and anti-spammers hate you.)
3 days ago