James S. GORDON, Jr., an individual doing business as gordonworks.com, Plaintiff-Appellant,
v.
VIRTUMUNDO, INC., a Delaware corporation; Adknowledge, Inc., a Delaware corporation; and Scott Lynn, an individual, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted December 9, 2008.
Filed August 6, 2009.
Attorney(s) appearing for the Case
Timothy J. Walton, Walton & Rose, LLP, Palo Alto, CA, for plaintiff-appellant James S. Gordon, Jr.
Derek Newman (argued), Randall Moeller, Newman & Newman, Attorneys at Law, LLP, Seattle, WA, and Michael R. Geroe, General Counsel, Adknowledge, Inc., Santa Monica, CA, for defendants-appellees, Virtumundo, Inc., Adknowledge, Inc., and Scott Lynn.
Shannon E. Smith, Deputy Attorney General, Robert M. McKenna, Attorney General of Washington, Seattle, WA, for Amicus Curiae State of Washington.
Jason K. Singleton, Richard E. Grabowski, Singleton Law Group, Eureka, CA, for Amicus Curiae ASIS Internet Services, Joel Householter, and Ritchie Phillips.
Opinion by Judge TALLMAN; Concurrence by Judge GOULD.
United States Court of Appeals, Ninth Circuit.
TALLMAN, Circuit Judge:
This case addresses unsolicited commercial e-mail, more commonly referred to as "spam."1 While ignored by most and reviled by some, spam is largely considered a nuisance and a source of frustration to e-mail users who, at times, must wade through inboxes clogged with messages peddling assorted, and often unwanted, products and services. The rising tide of spam poses an...
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