Would you find it interesting to learn that e-mail spammers will not always be found guilty under the CAN-SPAM Act?
Appeals Court Affirms CAN-SPAM Case Dismissal
GORDON V. VIRTUMUNDO, INC., ET AL.
(U.S. Court of Appeals, 9th Cir., Aug. 6, 2009) – In an action against an online marketer for sending unsolicited e-mail (i.e. spam), summary judgment for defendants-spammers is affirmed where: 1) plaintiff was not an “Internet access service” provider within the meaning of the CAN-SPAM Act; and 2) plaintiff was not “adversely affected by” spam e-mail solely by virtue of receiving a large amount of commercial e-mail. A concurring judge agreed with the result, and also concluded that the plaintiff “was seeking to use the CAN-SPAM Act to build a litigation factory for his personal financial benefit.”
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