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List:       spamassassin-users
Subject:    RE: Any comments of the SpamHaus lawsuit?
From:       "Coffey, Neal" <ncoffey () langeveld ! com>
Date:       2006-10-11 13:23:56
Message-ID: F1E5E8538F8520418EF78AD1E0BFE4AE01122DE1 () usmsx01 ! us ! langeveld ! com
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hamann.w@t-online.de wrote:

> As a non-american, I can see this as a "vote with your feet" case
> .... stop buying US products

That seems a bit harsh a reaction to take towards the preliminary
decision in a case that hasn't been concluded yet, and can still be
appealed.

Besides, SpamHaus took on more responsibility than they'd like to admit.
Unfortunately, this bit of the story isn't widely reported.  Here's the
best reference I could find, from the blog of an Illinois lawyer:

http://blogs.securiteam.com/index.php/archives/664
"Spamhaus may have waived personal jurisdiction as a defense early on in
the case when they not only appeared, but then asked for the case to be
removed from state court (where it was originally filed) and moved to
federal district court (where it is today). Arguably, [...] doing so
inherently acknowledged the jurisdiction of the federal court."

Basically, SpamHaus said "Hey, you don't have jurisdiction, the Federal
courts do!"  Then, when the case went to the Federal courts, SpamHaus
said "Wait...you don't either!"  Which doesn't work.

That being said, I'm definitely on SpamHaus' side of the case in every
legal and moral sense.  It's unfortunate that they may have screwed
themselves.

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