Another victory yesterday in the war against spam. Randy
Los Angeles Superior Court Judge Diane Wayne found that Cyber Promotions' actions constituted a trespass upon EarthLink's computer resources and granted, in full, EarthLink's requested preliminary injunctive relief.
The court prohibited Cyber Promotions from:
-- sending unsolicited e-mail advertisements to EarthLink members;
-- using EarthLink's computer network, systems, equipment, e-mail system and servers without prior authorization;
-- preventing or denying EarthLink's right or ability to block the offending e-mails; and
-- inserting false references to EarthLink or its systems,
equipment or domain addresses in any e-mail advertisement,
including falsely identifying EarthLink or its users
as the source of the e-mail.
Judge Wayne found that Cyber Promotions had and was engaged in the "past and current transmission of unsolicited e-mail advertisements without (EarthLink's) consent" resulting in a "deleterious effect" on EarthLink's systems and operations.
She also cited Cyber Promotions' practice of disguising the true source of e-mail's originating from its system, as well as its advertisement of this capability to its co-spammers.
----------------------------------------------------------------------- Randall S. Benn rbenn@clark.net Internetworking Consultant http://www.clark.net/pub/rbenn CCIE #1637 Network design, analysis, installation & training -----------------------------------------------------------------------