Friday, August 10, 2007

Spam case tossed, plaintiff must pay

A U.S. District Court has ordered a Washington state man who sued spammers under the CAN-SPAM Act and lost his case to <A HREF="http://www.pcworld.com/article/id,135678-pg,1/article.html">pay the legal fees of the defendants.</A>

In its decision released last week, the U.S. District Court for the Western District of Washington at Seattle ordered the plaintiff, James Gordon, owner of Omni Innovations LLC, to pay US$111,440 to Virtumundo Inc. in Overland Park, Kan.

In May, the court ruled against Gordon, saying that he and other recipients of spam have no standing under the federal CAN-SPAM Act because they have not been "adversely affected" within the meaning of the law. The court said the recipient of the spam must be adversely affected in the same way that an Internet service provider would be, meaning he would have problems such as network and bandwidth slowdowns, greater demands on personnel or require new equipment.

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