Having found counsel to prosecute his 9th Circuit appeal, James Gordon decided to turn his attention to other matters - namely, suing Subscriberbase Holdings Inc.  Gordon fares no better than he did against Virtumundo.  Judge Whaley grants Defendant's Motion to Dismiss (albeit with leave to amend).  (Access the order here [pdf].)  Judge Whaley notes in his order that courts have "overwhelmingly required that the complaint must allege specific harms in order to afford standing to the plaintiff."  I don't know if I would quite characterize the state of affairs that way, but I guess the 9th Circuit will clear things up soon enough.

Meanwhile, Subscriberbase also faces claims from John Ferron in the Eastern District of Ohio.  (Access a copy of his Opposition to Defendant's Motion to Dismiss here [pdf].)  For more on Mr. Ferron's efforts, check out Prof. Goldman's post here.

Never a dull moment I guess in the anti-spam universe.