Anti-spam activists have won an important legal battle against Florida-based junk mailers. But even though Florida Judge Donald M. Middlebrooks dismissed the case brought by eMarketersAmerica.org with prejudice (i.e. ruling that the lawsuit was without any foundation), anti-spam groups still have to pick up their legal fees.
The defendants (including UK-based Spamhaus Project and SPEWS) hope to cover their costs through online donations, but their legal bill has tempered some of the pleasure gained from giving litigious penis pill pushers a legal "bloody nose".
In a message to the NANAE newsgroup last week, Spamhaus director Steve Linford sums up his feelings: "Although delighted with the technical outcome, we're left with the costs of having had to defend the bogus lawsuit, as the Florida legal system does not grant costs to the winner even in cases where lawsuits are as fraudulent as this one clearly was."
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