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''CompuServe Inc. v. Cyber Promotions, Inc.'' was a ruling by the United States District Court for the Southern District of Ohio in 1997 that set an early precedent for granting online service providers the right to prevent commercial enterprises from sending unsolicited email advertising - also known as spam - to its subscribers. It was one of the first cases to apply United States tort law (Restatement (Second) of Torts §217 and §218) to restrict spamming on computer networks.〔 The court held that Cyber Promotions' intentional use of CompuServe's proprietary servers to send unsolicited email was an actionable trespass to chattels and granted a preliminary injunction preventing the spammer from sending unsolicited advertisements to any email address maintained by CompuServe.〔 ==Background== In 1997 the Plaintiff, CompuServe Inc., was one of the largest commercial online service providers in the United States. Similar to America Online, CompuServe provided its subscribers with access to content both within its own proprietary network as well providing a gateway, like a simple ISP, to the Internet at large.〔 As such, one of the primary roles taken on by CompuServe was that of an email service provider.〔 The Defendant, Cyber Promotions, Inc., was an online direct email marketing company, headed by founder and CEO Sanford Wallace. Cyber Promotions was "in the business of sending unsolicited e-mail advertisements [spam] on behalf of themselves and their clients to hundreds of thousands of Internet users, many of whom () CompuServe subscribers".〔 As a result of these efforts (as well as others), Sanford Wallace came to be known as "Spamford" Wallace. In the months leading up to the case, CompuServe subscribers complained to the company about the large amount of spam they were receiving (from Cyber Promotions and other mass emailers). Many threatened to discontinue their subscriptions unless CompuServe took preventative measures to block the spam. As a result, CompuServe introduced a set of email filters on its servers to block incoming spam and prevent the spam's delivery to subscribers. In response, Cyber Promotions took measures to circumvent CompuServe's filters, such as disguising the origin of their messages, allowing its unsolicited email messages to reach their destination.〔 On October 24, 1996, the United States District Court for the Southern District of Ohio issued a temporary restraining order against Cyber Promotions, preventing them from:〔
Following the issuance of this restraining order, CompuServe filed an application for a preliminary injunction to both extend the duration of this temporary restraining and prevent Cyber Promotions from sending unsolicited advertisements to CompuServe subscribers. This case arises from that application.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「CompuServe Inc. v. Cyber Promotions, Inc.」の詳細全文を読む スポンサード リンク
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