May 13, 2004

Court backs off pro-spam ruling

California court dissolved restraining order against SpamCop.net one day after it was issued

BOSTON - A California federal court dissolved a restraining order against SpamCop.net, one day after issuing an order preventing the antispam service from warning ISPs (Internet service providers) about complaints of unsolicited commercial ("spam") e-mail coming from their networks.

Judge Saundra Brown Armstrong of the U.S. District Court in the Northern District of California dissolved a temporary restraining order against IronPort Systems Inc., which owns SpamCop, according to a statement Wednesday from IronPort.

The judge granted the order Monday in a case pitting IronPort against online marketing company OptInRealBig.com LLC. Attorneys for OptInRealBig asked for an immediate injunction against SpamCop, saying that SpamCop's reports caused OptInRealBig to lose contracts with ISPs and customers.

After analyzing opposition papers filed by IronPort after the injunction, the judge decided that "the interests of justice favor dissolution" of the order, the company said.

IronPort purchased SpamCop in November 2003 from Julian Haight, the founder and lone operator of the service. At the time of the purchase, IronPort, which sells networking hardware for managing and securing e-mail traffic, promised to invest about US$1 million to upgrade the service and keep it running.

IronPort is thankful for the ruling and the "expedited consideration of its (opposition) papers," the Wednesday statement said.

A preliminary hearing will take place next week, and IronPort is optimistic that it will prevail in the case, according to an IronPort spokeswoman.



 

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