terminus writes "As reported earlier, an Australian Internet user was sued in the District Court of Western Australia for allegedly complaining about the spammer to the SPEWS blocking service. All that the user had actually done was to maintain a web page with some of the spammer's contact details, and to publicise that in a href="news:news.admin.net-abuse.email">news.adm in.net-abuse.email.
This morning, the spammer's case was summarily dismissed. The court found firstly that there was no evidence the user had ever contacted SPEWS, and that he could not be deemed to have done so by maintaining a Web site or posting to a newsgroup. Secondly, even if he had made a complaint, the complaint had been factually accurate, as the spammer had admitted sending spam. Finally, due to the nature of the cause of action pleaded, it was incumbent on the spammer to demonstrate that the user had done something unlawful in making a complaint to SPEWS, and there was nothing unlawful shown on the evidence.
The full judgment is available here. The plaintiff has 14 days in which to apply for leave to appeal."
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GrepLaw
