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Keywords

injunctionmotion
plaintiffdefendantmotionwillcommon law

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CompuServe Inc. v. Cyber Promotions, Inc., 962 F.Supp. 1015, 65 USLW 2532, 25 Media L. Rep. 1545

Facts

CompuServe is a major online computer service that allows subscribers to send and receive e-mail through its proprietary network. Cyber Promotions, Inc., along with its president Sanford Wallace, was sending unsolicited e-mail advertisements to CompuServe subscribers despite being notified to cease this practice. CompuServe attempted to block these unsolicited messages but was unsuccessful, leading to complaints from subscribers and a significant burden on CompuServe's computer resources.

Plaintiff CompuServe Incorporated (“CompuServe”) is one of the major national commercial online computer services. It operates a computer communication service through a proprietary nationwide computer network. In addition to allowing access to the extensive content available within its own proprietary network, CompuServe also provides its subscribers with a link to the much larger resources of the Internet.

Issue

Whether Cyber Promotions' sending of unsolicited e-mail advertisements to CompuServe subscribers constituted trespass to personal property.

Whether Cyber Promotions' sending of unsolicited e-mail advertisements to CompuServe subscribers constituted trespass to personal property.

Rule

The court applied the legal principle of trespass to chattels, which includes unauthorized use of personal property and can be actionable even without physical damage if the use impairs the value or utility of the property.

Trespass to chattels has evolved from its original common law application, concerning primarily the asportation of another's tangible property, to include the unauthorized use of personal property.

Analysis

The court found that Cyber Promotions' continued transmission of unsolicited e-mail constituted a trespass to CompuServe's proprietary computer equipment. Despite CompuServe's efforts to block these messages, Cyber Promotions evaded these measures, causing a burden on CompuServe's resources and diminishing the value of its service to subscribers. The court emphasized that the unauthorized use of CompuServe's equipment was intentional and harmful.

For the reasons which follow, this Court holds that where defendants engaged in a course of conduct of transmitting a substantial volume of electronic data in the form of unsolicited e-mail to plaintiff's proprietary computer equipment, where defendants continued such practice after repeated demands to cease and desist, and where defendants deliberately evaded plaintiff's affirmative efforts to protect its computer equipment from such use, plaintiff has a viable claim for trespass to personal property and is entitled to injunctive relief to protect its property.

Conclusion

The court granted CompuServe's motion for a preliminary injunction, enjoining Cyber Promotions from sending unsolicited advertisements to any CompuServe email addresses.

The Court will now address the second aspect of plaintiff's motion in which it seeks to enjoin defendants Cyber Promotions, Inc. and its president Sanford Wallace from sending any unsolicited advertisements to any electronic mail address maintained by CompuServe.

Who won?

CompuServe prevailed in the case because the court found that Cyber Promotions' actions constituted actionable trespass to chattels, and the First Amendment did not protect their conduct.

CompuServe prevailed in the case because the court found that Cyber Promotions' actions constituted actionable trespass to chattels, and the First Amendment did not protect their conduct.

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