05 Apr 2000
UK ISP Bibliotech has won a ground-breaking legal fight in the US against junk e-mailing.
London-based Bibliotech was yesterday awarded undisclosed damages from Sam Khuri and his Atlanta print company Benchmark Print Supply. Khuri was accused of sending thousands of junk e-mails through Bibliotech's servers.
Legal experts said the ruling could help in the fight against junk e-mailers - or spammers - in the UK.
Khuri used Bibliotech's servers to forward the junk e-mails so that any undelivered messages were returned to Bibliotech. The ISP claimed its network was brought down for several days under the weight of returned messages, prompting it to take legal action.
Eduardo Ustaran, a solicitor at law firm Paisner & Co, which acted for Bibliotech, said that while US court decisions do not set precedents in the UK, "this case can be used to assist an argument in a UK court". The only successful case against a spammer in the UK, that of Virgin Net against its user Adrian Paris, was settled out of court under breach of contract laws. Ustaran said there was "room for a test case on the subject".
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