MediaWhiz clears spam charges

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A California Superior Court judge has ruled in favor of marketing firm MediaWhiz's WhiteDelivery division and four other defendants in Infinite Monkeys' lawsuit for the alleged receipt of unsolicited e-mails.

In court, Judge Neal Cabrinha ruled against the plaintiff Infinite Monkeys, which claimed to have received unsolicited e-mails to domain names that it had recently purchased.

The judge ruled that the e-mails were intended for the former owner of the site and redirected to Infinite Monkeys by mistake.

Mr. Cabrinha found that the plaintiff is not a "recipient" under California law on unsolicited commercial e-mail, because the e-mails "were not intended for plaintiff."

The judge also ruled on Oct 30 that Infinite Monkeys' business was not impeded, because its servers were set up for the sole purpose of capturing allegedly unsolicited e-mail.

Additionally, the judge rejected Infinite Monkeys' claims for unlawful business practices and unlawful advertising practices, due to the fact that no tangible damage was incurred.

Neither firm returned calls for comment.

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