Re: [LEGAL] COMCASTÂ’S MEMORANDUM IN OPPOSITION TO DEFENDANTSÂ’ MOTION TO DISMISS (Comcast v Linhardt/e360insight)
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Re: [LEGAL] COMCASTÂ’S MEMORANDUM IN OPPOSITION TO DEFENDANTSÂ’ MOTION TO DISMISS (Comcast v Linhardt/e360insight)         

Group: news.admin.netabuse.email · Group Profile
Author: yourfriend
Date: May 12, 2008 12:51

On Mon, 12 May 2008 09:17:00 -0400, stinky gmail.com> wrote:

{snip}
>Comcast needs to show what e360 was offering in the Spamhaus case with
>the "jump on our TRO and get around spamhaus filters".

they already have

http://www.spamsuite.com/node/383
Counterclaim and Third Party Complaint

Attached as Exhibit B are marketing materials issued by e360 advertising the IP
Protection Service.

43. Once the third-party e-mail marketer enrolls in the IP Protection Services,
Defendants use the Court Order to request that Spamhaus de-list the third-party
marketers? IP addresses from the ROKSO and/or SBL lists on the basis that the
third party is now an ?affiliate? of e360 within the meaning of the Court Order.

-10-
44. On information and belief, some third-party internet marketers who have
enrolled in the IP Protection Service are purveyors of dpam.

45. On information and belief, a purpose of the IP Protection Services is to
launder third-party spam that would otherwise be blocked through e360?s
de-listed IP addresses and servers.

46. For example, e360 entered into an agreement with Virtumundo, Inc.
(?Virtumundo?) on June 6, 2007, to provide the IP Protection Service. Attached
hereto as Exhibit C is a copy of the Services Agreement entered into between
e360 and Virtumundo.

47. On information and belief, Virtumundo sends spam.

48. After entering into the Services Agreement with Virtumundo, e360 demanded
that Spamhaus de-list Virtumundo?s IP addresses from the ROKSO and/or SBL lists
on the basis that Virtumundo is now an ?affiliate? of e360 within the meaning of
the Court Order.

btw, I'm wondering why Comcast has not made further mention of this gem

http://www.spamsuite.com/node/353
e360Insight, LLC. v Comcast Corporation

10. e360 has been approved by ReturnPath, a leading provider of reputation
monitoring services to the ISP community, including Microsoft/Hotmail. In an
independent audit of e360Â’s mailing practices, ReturnPath approved e360 for the
SenderScore Certification Program, which is Return PathÂ’s highest level of
certification among legitimate email marketers.

Linhardt responded
http://directmag.com/magilla/linhardt_responds_magilla_0129/index.html

excerpt 1
After a comprehensive review of our mailing practices and complaint rates, spam
trap hits, and various other metrics, we were approved for conditional
certification as long as we made some changes to our infrastructure.

excerpt 2
In other words, our application expired because we were not sending email
messages frequently enough. At this time, we have rectified the situation and we
will be reapply for certification at our next opportunity.

Have a Nice Weekend,
Your Friend
--
Linhardt contends he does not spam. The complaint alleges that e360 has been
Sender Score Certified by Return Path, a designation the deliverability firm
gives to non-spamming clients.
However, George Bilbrey, head of Return PathÂ’s delivery assurance unit said e360
had not been certified
http://directmag.com/disciplines/email/e360_court_suing_comcast_0122/index.html
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