Anti-Spammers Won't Let Lawsuit Drop



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Anti-Spammers Won't Let Lawsuit Drop
2003-09-12

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BOCA RATON, Fla. -- The attorney for a group calling itself EmarketersAmerica.com moved to withdraw its lawsuit against several anti-spam organizations, but the attorney representing the anti-spammers said he wants to continue the fight.

Mark Felstein, listed as "director and chief counsel" for EmarketersAmerica.org, filed a notice last week in U.S. District Court for the Southern District of Florida, asking to have the lawsuit against the UK-based Spamhaus Project, SPEWS.org and nine individual defendants dismissed.

Although the court has not ruled on that notice, defending attorney Paul Wellborn said this week he will ask the court to order EmarketersAmerica.org to pay the defendants $75,000 for legal expenses and to declare the anti-spammers the prevailing party in the dispute.

EmarketersAmerica.org filed its lawsuit April 14, asking the court to stop Spamhaus, SPEWS and the others from maintaining blacklists of IP addresses, which Internet service providers and others used to block email, and to order the anti-spammers to pay email marketers for their losses. The lawsuit did not name the individual marketers who belonged to EmarketersAmerica.org.

"We still want the court to decide this suit on its merits," Wellborn told Wired.com. "This is just a desperate attempt by the plaintiffs to escape a frivolous lawsuit without paying the defendants' legal fees, as justice demands."

The EmarketersAmerica.org Web site is here. For more on the Spamhaus Project, visit the Web Site. SPEWS, became disabled after several massive denial-of-service attacks.

Anti-Spammers Won't Let Lawsuit Drop2003-09-12

Anti-Spammers Won't Let Lawsuit Drop
2003-09-12