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“First, it is obvious that plaintiffs are testing their luck at making their ‘spam business’ extraordinarily lucrative by seeking statutory damages through a strategy of spam collection and serial litigation,” said the decision by Justice John C. Coughenour of the U.S. District Court of the Western District of Washington in Seattle.“Clearly, plaintiffs are assembling a litigation factory, which, if successful, could net millions of dollars in profit, at least theoretically,” he wrote.
Coughenour added that Gordon’s suit against Virtumundo was “an excellent example of the ill-motivated, unreasonable, and frivolous type of lawsuit that justifies an award of attorneys’ fees.”
[directmag.com...]
Judge Coughenour is a very tech-savvy Federal judge. He has naturally been involved in many Microsoft cases, since he's on the Federal bench in Washington state. Coughenour cuts through the hopes that courts will be clueless when it comes to technology and the web. We need more like him.
While there's little doubt that the litigant was up to no good, the judge has set a precedent that will protect spammers from future genuine use of can-spam.
Jerks like this litigant do serious harm to the antispam movement, but a wise judge would have dealt strongly with the litigant, not with the 'cause' he pretended to support.
