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Torts Keyed to Duncan
CompuServe Inc. v. Cyber Promotions Inc.
Citation:
962 F.Supp. 1015 (S.D. Ohio 1997)Facts
CompuServe were the owners and operators of a proprietary computer network through which users could send and receive e-mail. Cyber Promotions, as a part of its business model, flooded the early internet with unsolicited e-mail advertisements, many of which flowed through CompuServe’s software in order to reach its users. CompuServe repeatedly told Cyber Promotions that it could not use its service to send these unsolicited e-mails, after it received negative feedback from its users regarding the unwanted spam. Despite its best efforts, CompuServe was unable to keep the e-mails from recurring, as Cyber Promotions went to great lengths to disguise the true origin of the e-mails.
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