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But Mumma met with an unpleasant surprise: He was the one sued in federal court by Omega World Travel and its subsidiary Cruise.com, which demanded $3.8 million in damages for defamation. Mumma, who owns Oklahoma-based MummaGraphics and runs a one-man Web design and hosting shop at Webguy.com, filed counterclaims against the companies and CEO Gloria Bohan.
The 4th Circuit Court of Appeals sided with the alleged spammers. In a little-noticed opinion issued in mid-November, a three-judge panel acknowledged the e-mail messages in question may have included a false Internet address and a nonworking "From:" address, but concluded that they nevertheless were permitted under the federal antispam law known as the Can-Spam Act.