[gonzo]

TUCSON, Ariz. - In a statement released toAVN Online on Thursday, Cyberheat made its first public comments on its recent case with the Department of Justice.

Last week, Cyberheat settled a lawsuit the Department of Justice filed against the company in 2005 on behalf of the Federal Trade Commission, pursuant to the CAN-SPAM Act. The settlement was approved by the U.S. District Court for the District of Arizona.

Cyberheat's outside counsel, Pete Wellborn and Bates Butler, said the settlement was an "outright victory for Cyberheat, especially since it was obtained without the enormous expense of money and time that a trial would have necessitated."

The case gave rise to one of the most important CAN-SPAM-related judicial opinions to date, with the court rejecting the Department of Justice's argument that affiliate-program operators should be liable for the acts of their sales-related independent contractors.

"The entire industry owes Cyberheat a vote of thanks for battling the government on this vitally important issue," Wellborn said.

Read more bullshit on how the spammers at Topbucks are spinning this at
http://www.avn.com/index.cfm?objecti...CD187949EDC32A