EarthLink was awarded a $16.4 million judgment on Wednesday against a Buffalo, NY based e-mailer, Howard Carmack, for flooding the network with some 825 million pieces of “spam”.

Carmack did not appear at the hearing.

Earthlink also won a permanent injunction, which the company sited as a major victory in the on-going war against unwanted e-mail.

“Obtaining a judgment against a spammer like Carmack benefits all Internet users, and the judge’s decision today is a significant victory against spam,” said Karen Cashion, assistant general counsel at EarthLink.