Legal Question in Technology Law in California

Re: Mis-labelling as a spammer

Who is XXXX and did he really say that? Also, can you be sure your systems aren't being ''owned'' and used to generate spam or hijack other systems? What is XXXXX doing to frustrate your business? What kind of business are you in? Are you in any way involved with spam? What do ''your lawyers'' say about all this? Do you really have lawyers, or were you trying to snow XXXXXX?

Re: Mis-labelling as a spammer

This question should have been rejected because it names individuals and businesses involved in the dispute. But, since it is here:

Internet servers are generally private property, and their owners can restrict access to them however they like. Owners can make their own lists of suspected spammers and/or subscribe to services which provide such lists, and may then deny access to those on the lists.

If a company is telling others that you are a spammer when you really aren't, then you might have a cause of action for defamation. I say "might" because the potential defendants are evidently in another country and their actions are taking place outside the U.S. It is far from clear that an American court would have jurisdiction here but, assuming it would, there remains a conflict-of-laws problem. If the defendant's actions are legal in the country where they occur then it will be difficult to persuade a court to hold it liable here. After all, you wouldn't want to be held liable in a foreign court for something you do here which violates no U.S. laws.

If you want to sue you will probably have to do it in the defendants' country. If their actions are legal there, then you will lose -- and will have spent a lot of money in the process. Keep in mind that in many countries the losing party must reimburse the winner for attorney fees and costs, so suing will be rather risky for you.

If I knew more about the facts I might see a way to get your case into an American court, but even then you would have many obstacles to overcome. One of these is the common-interest privilege, which makes statements between related parties about an issue of importance to both of them immune to claims like yours. If business A purchases a spammer list from business B, there is a good chance the list will be deemed privileged and that your suit will fail. Here again, I can't be more definitive based upon the limited facts you have provided.

[I also want to add that, by posting these emails, you may have opened yourself up to a defamation suit by some of the parties you identified.]

Re: Mis-labelling as a spammer

I know who XXXXX is and what they are doing.

They are not saying you are a spammer, so you can't sue them for defamation. They are saying that companies should not communicate with a block of addresses and you happen to be within that block.

Is there a reason why you cannot change ISPs to someone who does not support spammers?

Feel free to call me to talk about spam litigation anytime. My telephone number is (650) 566-8500.