Found at "http://www.denverpost.com/business/biz1205h.htm", 12/5/00,
and other locations.
Senior Judge John Kane
ruled Monday.
Kane, of U.S. District
Court in Denver, continued
a restraining order that
keeps the Mail Abuse
Prevention System, MAPS,
from adding Exactis to its
"black hole list." Trial
was set for May 21.
MAPS targets companies who
violate its e-mail
marketing guidelines.
Internet service providers
routinely stop doing
business with companies
who appear on the list to
limit the amount of
unsolicited e-mail, called
spam, that passes through
their networks. Exactis, a
Denver-based unit of 24/7
Media Inc., sends about
500 million emails each
month on behalf of
publishing houses, banks
and online information
companies.
Exactis, which denies it
engages in spamming, has
sued MAPS, claiming that
MAPS has put its ability
to do business in
jeopardy.
Exactis attorney William Leone of
Cooley Godward said the
company had already lost
clients and was at
risk of losing more.
Martin Litt of
Holme Roberts & Owen, who
represents MAPS,
disagreed with Judge Kane's order,
which restrained MAPS from
"making any statements
detrimental" to Exactis
and from taking steps to
interfere with its
business operations.
Litt argued that the
wording was too vague.
on the case.
MAPS would not be allowed to defend
itself from attacks by
Exactis in the press,
which have included being
called "extortionate
vigilantes," Litt said.
"It amounts to a
content-based prior
restraint on free speech,"
Litt said.
But Judge Kane disagreed, saying
"This is not a First
Amendment case.
It's a business
defamation case."