Businessman wins e-mail spam case

Interesting story from the BBC:

Businessman wins e-mail spam caseA businessman has won what is believed to be the first victory of its kind by claiming damages from a company which sent him e-mail spam.

Nigel Roberts, who lives in Alderney in the Channel Islands, took action against Media Logistics UK over junk e-mails in his personal account.

Under new European laws, companies can be sued for sending unwanted e-mails.

The Stirlingshire-based firm has agreed to pay £270 compensation to Mr Roberts, who runs an internet business.

‘Tiny victory’

Three years ago the EU passed an anti-spam law, the directive on privacy and telecommunications, which gave individuals the right to fight the growing tide of unwanted e-mail by allowing them to claim damages.

Mr Roberts received unwanted e-mail adverts for a contract car firm and a fax broadcasting business and decided to take action against the company.

The company filed an acknowledgement of the claim at Colchester County Court but did not defend it and a judge ruled in favour of Mr Roberts.

In an out-of-court agreement Media Logistics agreed to pay Mr Roberts damages of £270 plus his £30 filing fee.

Mr Roberts said he had limited his claim to a maximum of £300 in order to qualify to file it as a small claim.

He said: “This may be a tiny victory but perhaps now spammers will begin to realise that people don’t have to put up with their e-mail inboxes being filled with unwanted junk.”

No-one from Media Logistics UK was available for comment.

A spokesman for the Information Commissioner’s Office, the watchdog who oversees the Data Protection Act, said it was the first case of its kind he had heard of.

He said: “What I can say is that I haven’t heard of anyone doing so and we haven’t taken a case under that legislation.”

Advent Calendar

A poem from today’s Guardian Review by Rowan Williams:

Advent Calendar

He will come like last leaf’s fall.
One night when the November wind
has flayed the trees to bone, and earth
wakes choking on the mould,
the soft shroud’s folding.

He will come like frost.
One morning when the shrinking earth
opens on mist, to find itself
arrested in the net
of alien, sword-set beauty.

He will come like dark.
One evening when the bursting red
December sun draws up the sheet
and penny-masks its eye to yield
the star-snowed fields of sky.

He will come, will come,
will come like crying in the night,
like blood, like breaking,
as the earth writhes to toss him free.
He will come like child.