MAPS And Black Ice In Preliminary Hearing

Mail Abuse Prevention System is fighting its third lawsuit — this one with New Hampshire-based Black Ice Software. A preliminary hearing was held last Thursday in California Superior Court to define the issues for a later trial.

The two-way dispute started when Black Ice threatened to sue MAPS for listing Black Ice in its Realtime Blackhole List (RBL) of alleged spammers. Apparently, counterclaims and demurrers have also been filed.

According to MAPS, the court recognized the group’s First Amendment rights, but also found substance in Black Ice’s case.

The suit will proceed.

“We are generally pleased with the court’s ruling,” said MAPS attorney Anne P. Mitchell in a statement. “That the court also [said] Black Ice’s contentions have some merit does not bother us at all; it simply means there are genuine issues for trial.”

In a related development, MAPS announced that it had established a legal defense fund to help pay for cases like this one.