funsec mailing list archives

Re: Spamhaus Ignores U.S. Court?


From: "Brian Loe" <knobdy () gmail com>
Date: Mon, 18 Sep 2006 11:34:19 -0500

On 18 Sep 2006 15:36:25 +0000, Paul Vixie <vixie () vix com> wrote:
> > So, it isn't Spamhaus doing the blocking -- it is the users of Spamhaus.
>
> That's why this IS a good-enough case for testing this. The only
> reason Spamhaus lost is because they didn't show up. ...

there's winning/losing battles, and then there's winning/losing wars.  spamhaus
can't afford to "show up" in every county courthouse in the world, which is
exactly what would happen if they started conceding jurisdiction.  (spammers
aren't the idiots they used to be; death by a thousand cuts would be natural
for them.)


I agree, I didn't suggest they should show up - simply pointing out
that the ONLY reason they lost was because they didn't.

HOWEVER, if they get a positive finding in the US the spammers would
have to appeal and IF they got one they could beat it again, ending
with the USSC either taking or not taking the case and putting an end
to it once and for all. Considering the US is the largest Internet
market right now, that makes sense. Even if they lost their case
(virtually impossible in my view) it still wouldn't mean anything to
them since the courts ability to enforce its findings end at the
border.
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