From: "Attila T. Hun" <attila@primenet.com>
Date: Wed, 12 Feb 1997 12:28:25 -0800 (PST)
To: cypherpunks <cypherpunks@toad.com>
Subject: Excerpt on SPAM from Edupage, 11 February 1997
Message-ID: <199702121825.LAA11266@infowest.com>
MIME-Version: 1.0
Content-Type: text/plain


    maybe relief is in sight; can we spell excedrin?

on or about 970211:1433 educom@elanor.oit.unc.edu said:

+COURT GRANTS COMPUSERVE INJUNCTION AGAINST JUNK E-MAIL

+A U.S. district court in Ohio has granted CompuServe's request for a
+preliminary injunction barring Cyber Promotions Inc. from sending
+unsolicited e-mail to its subscribers while the commercial provider
+pursues its lawsuit against Cyber Promotions.  The injunction was
+granted after Cyber Promotions foiled CompuServe's initial attempts to
+block its messages by falsifying the point-of-origin information on
+its e-mail messages and by configuring its network servers to conceal
+its actual Internet domain name. "To the extent that defendant's
+multitudinous electronic mailings demand the disk space and drain the
+processing power of plaintiff's computer equipment, those resources
+are not available to CompuServe subscribers," the court reasoned.  In
+addition, because many subscribers had complained to CompuServe about
+the mailings, the court found that Cyber Promotions' intrusions
+constituted "harm" as well as trespassing under common tort law. The
+court found that the "plaintiff is not a government agency or a state
+actor which seeks to preempt defendants' ability to communicate but is
+instead a private actor trying to tailor the nuances of its service to
+provide maximum utility to its customers."  (BNA Daily Report for
+Executives 7 Feb 97)
 ___________________________________________________________attila_____
   "The only difference between me and a madman
    is that I am not mad." 
        --Salvador Dali ___________________________________________________________attila_____
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