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CompuServe Inc. v. Cyber Promotions, Inc. Case Brief Summary | Law Case Explained

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Published on 13 Aug 2021 / In People & Blogs

Get more case briefs explained with Quimbee. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks ► https://www.quimbee.com/case-briefs-overview CompuServe Inc. v. Cyber Promotions, Inc. | 962 F.Supp. 1015 (1997) In the nineteen nineties, as more people started using email, marketers harnessed the new method of communication for mass advertising distributions, causing headaches for both online service providers and their subscribers. In CompuServe Incorporated versus Cyber Promotions, Incorporated, we explore an early attempt to limit email spam using the tort of trespass to chattels. Compu Serve, a large online service provider, offered its subscribers a gateway to the internet. It also provided email services, allowing subscribers to send and receive emails via CompuServe’s servers. Cyber Promotions, an email-marketing company, sent a high volume of unsolicited advertising emails to internet users, many of whom were CompuServe subscribers. The emails consumed a significant portion of CompuServe’s finite server capacity. And many CompuServe subscribers, who paid for services by time used, threatened to cancel their subscriptions because filtering through spam emails was proving costly. Consequently, CompuServe notified Cyber that it was prohibited from sending emails that would be processed and stored on CompuServe’s servers. When Cyber persisted in sending spam emails, CompuServe implemented filters to block them. But Cyber manipulated its emails to evade those filters. CompuServe then turned to legal action. After initially obtaining a temporary restraining order, CompuServe filed a tort suit against Cyber, alleging that Cyber’s conduct of sending unwanted emails to CompuServe’s servers amounted to a trespass to chattels, or personal property. CompuServe moved for a preliminary injunction to enjoin Cyber from sending any unsolicited emails to CompuServe-based email addresses while the suit was pending. Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: https://www.quimbee.com/cases/compuserve-inc-v-cyber-promotions-inc The Quimbee App features over 16,300 case briefs keyed to 223 casebooks. Try it free for 7 days! ► https://www.quimbee.com/case-briefs-overview Have Questions about this Case? Submit your questions and get answers from a real attorney here: https://www.quimbee.com/cases/compuserve-inc-v-cyber-promotions-inc Did we just become best friends? Stay connected to Quimbee here: Subscribe to our YouTube Channel ► https://www.youtube.com/subscription_center?add_user=QuimbeeDotCom Quimbee Case Brief App ► https://www.quimbee.com/case-briefs-overview Facebook ► https://www.facebook.com/quimbeedotcom/ Twitter ► https://twitter.com/quimbeedotcom #casebriefs #lawcases #casesummaries

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