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Junk E-mail Decisions and Litigation

AOL v. S. Bliss and Patricia Depaola Order

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

AMERICA ONLINE, INC., a Virginia corporation
Plaintiff,

v.

S. BLISS AND PATRICIA DEPAOLA, d/b/a, FIRST CLASS, LADY JANE, EARTH FRIENDS, MAIDMARIAN,
Defendants.

CASE NO.: 98-1397-Civ-Orl-19A

ORDER OF JUDGMENT

Having determined that Plaintiff America Online Inc. ("AOL") is entitled to default final judgment under all causes of action identified in its Complaint, and upon consideration of the facts and law relating to AOL’s request for relief, and the evidence, pleadings and arguments presented in connection with AOL’s Motion for Default Final Judgment, Default Damages, and Permanent Injunctive Relief, IT IS ORDERED that Default Final Judgment is hereby ENTERED against Defendant Patricia Depaola ("Depaola") as follows:

1.  Depaola is liable for damages in the total amount of $_______ consisting of $114,035.00 in restitution, $17,550.00 in actual damages, and $342,105.00 in punitive damages. AOL also is entitled to all profits that Depaola earned by using AOL’s proprietary computer network. This Court retains jurisdiction to determine this amount after AOL has conducted discovery in aid of execution.

2.  Depaola is liable for prejudgment interest, at a rate of 5.471 percent per annum, on the total damages award accruing from the date of service of the Complaint until the entry of this final default judgment;

3.  Depaola, her agents, co-conspirators, servants, affiliates, employees, attorneys and representatives, and all those in privity or acting in concert with Depaola, are permanently enjoined and restrained from directly or indirectly:

a.  Using or directing, aiding or conspiring with others to use the computers or computer networks of AOL, or any of its subsidiary or affiliate companies, in any manner, directly or indirectly, in connection with the transmission or transfer of any form of electronic information across the Internet;

b.  Opening, creating, obtaining access to, and/or using in any way, or directing, aiding, or conspiring with others to open, create, obtain access to, and/or use in any way, any membership, subscription, or service provided by AOL or any of its subsidiary or affiliate companies;

c.  Acquiring, compiling or transferring any names, e-mail addresses, or other identifying information for members or subscribers of any services offered by AOL or any of its subsidiary or affiliate companies, including particularly any e-mail addresses that contain the "aol.com" domain name;

d.  Sending or transmitting, or directing, aiding, facilitating or conspiring with others to send or transmit, any electronic mail message, or any electronic communication of any kind, indirectly or directly, to or through the computers or computer networks of AOL, or any of its subsidiary or affiliate companies, or to members or subscribers to any service offered by AOL; and

e.  Sending or transmitting to any destination, or directing, aiding, or conspiring with others to send or transmit to any destination, electronic mail or electronic communication bearing any false, fraudulent, anonymous, inactive, deceptive, or invalid return information, or containing the domain "aol.com," or otherwise using any other artifice, scheme or method of transmission that would prevent the automatic return of undeliverable electronic mail to its original and true point of origin or that would cause the e-mail return address to be that of anyone other than the actual sender.

DATED this 6th day of December, 1999. 2:31 p.m.

Patricia C. Fawsett            

 

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