CompuServe v. Cyber Promotions

In an effort to broadcast junk e-mail to thousands of CompuServe members without the hassle of flooding its own computers with angry replies or scores of returned mail, Cyber Promotions cloaked itself by sending its unsolicited ads from a different domain name than its CompuServe return address. As a result, the CompuServe mail servers received an avalanche of undeliverable mail. Overwhelmed by the junk e-mail clogging its system, CompuServe filed suit against the notorious spammer arguing that Cyber Promotions was dumping its garbage in CompuServe’s yard. The U.S. district court in Ohio, in
issuing a restraining order against Cyber Promotions, held that the firm had trespassed onto CompuServe’s property through its unauthorized use of the CompuServe system. Subsequently, the parties have settled the matter through a consent order by stipulation.

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CompuServe v. Cyber Promotion Order