COMPUSERVE INC. V. CYBER PROMOTIONS, INC.
962 F.Supp. 1015 (1997)
NATURE OF THE CASE: This was a dispute over the right of an online computer service to
send unsolicited email to its subscribers; commonly known as spam. This was an action for a
preliminary injunction to extend the TRO based on trespass to chattels.
FACTS: CompuServe (P) is an internet online computer service. Cyber Promotions, Inc. (D)
used the internet to send unsolicited email ads to hundreds of thousands of internet users.
P got complaints from its subscribers regarding D's mailings. P requested that D terminate
this practice. D ignored that request and sent even more emails. P then sued D and asked for
a preliminary injunction and eventually a TRO which would prevent D's from sending
unsolicited emails to P's customers. P and D played a technology game of cat and mouse with
P erecting screening barriers and D finding ways around them. P based its motions for the
injunctive relief on common law theories of trespass to personal property or to chattels and
that D's continued transmission of electronic messages constituted an actionable tort. P
claims that is has suffered damages by the vast number of messages sent from P as they tie
up their computer resources and processing power along with available memory. P also claims
that the messages are largely unwanted by its subscribers many of whom pay for the time they
spend using P's service just for the privilege to throw away D's unwanted emails; as such
many subscribers have terminated their accounts specifically from unwanted bulk emails.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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