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Comcast 1, E360 0

The judge in E360 vs. Comcast filed his order yesterday (read previous postings here and here), and to put it mildly, he agreed with Comcast. It starts:

Plaintiff e360Insight, LLC is a marketer. It refers to itself as an Internet marketing company. Some, perhaps even a majority of people in this country, would call it a spammer.

and from E360’s viewpoint, goes downhill from there.

He goes through and point by point decides that E360 is wrong and Comcast is right. Comcast has a right under the CDA to block E360’s mail, because it considers that mail objectionable, regardless of whether E360’s mail complies with CAN SPAM. He disposes of a footnote of E360’s denial of service claim, and in another footnote of the tortious interference claim, the fraud and abuse claim, and the First Amendment claim. In the last paragraph, he grants judgment under CDA immunity, and just in case, he dismisses the remainder of the claims.

The order is only seven pages long, and his contempt for E360 drips from every paragraph. It’s a fun read.

Next up: Comcast’s sweeping countersuit.

By John Levine, Author, Consultant & Speaker

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