SpamCop won a round against mass e-mailer OptInRealBig last Friday, when a federal judge turned down OptIn's bid to block SpamCop from keeping tabs on the company, which SpamCop accuses of being a major spam source.
OptIn is suing SpamCop, accusing the spam-fighting block-list operator of interfering with and damaging its business by naming it publicly as a spam source, which caused Internet service providers in turn to block OptIn-generated e-mail.
U.S. District Judge Saundra Brown Armstrong ruled that SpamCop could not be held accountable for posting spam reports about OptIn, reports protected under the Communications Decency Act, the judge held. That law says ISPs can't be held liable for publishing content generated by outside sources.
OptIn attorney Steven Richter said in a statement the company was disappointed with Armstrong's ruling, and has filed an amended complaint in the case. "We believe the complaint has brought to the court's attention more facts for the court to consider as the case moves forward." Details were not disclosed.
OptIn president Scott Richter is still a litigant in a lawsuit filed against him by New York State and Microsoft, who accuse his company of hijacking computers and using them as spam zombies to flush millions of spam messages around cyberspace. Published reports indicate the two sides may be working toward a settlement in the case.
