Unexpected but welcome - the 7th circuit has thrown out the $11 million judgement against Spamhaus.|
The judgement was originally entered when Spamhaus refused to defend themselves in a US court, claiming the US court had no jurisdiction. Regrettably, the courts still claim they had jurisdiction, meaning Spamhaus's decision to withdraw could still turn out poorly.
Spamhaus got into this mess when it initially defended itself in the Illinois case, then reversed course and withdrew its formal response to the complaint, on the theory that the U.S. courts have no jurisdiction over the London-based anti-spam project. Judge Kocoras rejected that argument, and granted the default judgment against Spamhaus.
Though it struck down the damage award and injunction, the 7th Circuit upheld the default judgment today, which means Spamhaus is still on the hook as far as the U.S. judiciary is concerned, and has lost its chance to argue the facts of the case -- i.e., to make any argument that e360 really is a spammer.