Re: [ga] spamhouse litigation

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Veni and all,

  I can only guess because e360Insight is already in process of
amending the motion for further consideration. That amended
motion has not yet been brought before Judge Kocoras..  As
I understand it from my contact to e360Insight, the Judge is
very much looking forward to receiving and having a hearing
on said amended motion.

FYI, what has not yet been reported is that another motion
to compel spamhouse to pay the $11.7m and failure to do
so will facilitate a Judgment against spamhouse, which will
allow e360Insight to sell that Judgment to a legal collection
agency.

I hope this answers your question, Veni. >;)

Veni Markovski wrote:

> Interesting.
> Why didn't someone post it already here? I guess it's such a pity
> ICANN was not punished, as some predicted?
>
> On 19 October 2006, United States District Court Judge Charles P.
> Kocoras, presiding over the e360Insight v. The Spamhaus Project
> matter in the Northern District of Illinois, issued an
> <http://www.icann.org/legal/spamhaus/denial-proposed_order-19oct06.pdf>order
> denying e360Insight's ("e360") motion asking the Court to, among
> other things, suspend www.spamhaus.org. The Court explained that the
> relief e360 sought was too broad to be warranted under the
> circumstances. First, the Court noted that since there is no
> indication that ICANN or Tucows acted in concert with Spamhaus, the
> Court could not conclude that either party could be brought within
> the ambit of Federal Rule of Civil Procedure 65(d), which states that
> an order granting an injunction is "binding only upon the parties to
> the action, their officers, agents, servants, employees, and
> attorneys, and upon those persons in active concert or participation
> with them." Second, the Court stated that a suspension of
> www.spamhaus.org would cut off all lawful online activities of
> Spamhaus, not just those that are in contravention of the injunction
> the Court previously issued against Spamhaus.
>
> Sincerely,
> Veni Markovski
> http://www.veni.com
>
> check also my blog:
> http://blog.veni.com

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security
IDNS. div. of Information Network Eng.  INEG. INC.
ABA member in good standing member ID 01257402
E-Mail jwkckid1@xxxxxxxxxxxxx
 Registered Email addr with the USPS
Contact Number: 214-244-4827