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Compuserve v. Cyber Promotions Inc

Compuserve v. Cyber Promotions Inc

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Categories:Types, Business/Law
Published by: ankurpatel96706 on Jun 26, 2010
Copyright:Attribution Non-commercial

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11/14/2010

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Compuserve, Inc. v. Cyber Promotions Inc.962 F.Supp. 1015 (S.D. Ohio 1997)Parties:Plaintiff  Compuserve Inc  Company that provides internet accessand email services to its subscribersDefendant Cyber Promotions Inc.  Company that sends spam emailsto email users, many being customers of Ps company.Facts:P an Internet service provider who provides email services to its customershad asked Ds company to stop sending spam messages to its subscribers. P receivedmany complaints from its customers threatening to stop their service if P didnt limit the amount of spam messages sent to their inbox. In an effort to prevent Dfrom sending more spam messages, P used software designed to screen out messages, which didnt work. D modified their equipment and messages in order tosend messages to bypass Ps email filtering.P claimed that the spam message puts asignificant strain on the possessing and storage capacity of their equipment.Procedural Posture:P is trying get an injunction which would extend the length of the temporaryrestraining order granted by the court on October 24
th
1996, which would prevent the D from ending unsolicited spam messages to its subscribersIssue:Did the D commit a trespass to chattels when it sent spam messages to Pssubscribers?Holding:Yes.Ruling:The court found that the Plaintiff had a valid claim for trespass to chattelsand that the plaintiff was entitled to injunctive relief.Rule:One who commits a trespass to chattel is subject to liability to the possessorof the chattel if, but only if:(a)
 
he dispossesses the other of the chattel, OR

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