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COMPUSERVE INC. v. CYBER PROMOTIONS, INC.

No. C2-96-1070.

962 F.Supp. 1015 (1997)

COMPUSERVE INCORPORATED, Plaintiff, v. CYBER PROMOTIONS, INC. and Sanford Wallace, Defendants.

United States District Court, S.D. Ohio, Eastern Division.

February 3, 1997.

Attorney(s) appearing for the Case

Robert W. Hamilton, Jones, Day, Reavis & Pogue, Columbus, OH, Kenneth B. Wilson and David H. Kramer, Wilson Sonsini Goodrich & Rosati, Palo Alto, CA, for Plaintiffs.

Alan Charles Witten, McShane, Breitfeller & Witten, Columbus, OH, Ralph A. Jacobs, Hoyle, Morris & Kerr, Philadelphia, PA, for Defendants.

MEMORANDUM OPINION AND ORDER

GRAHAM, District Judge.

This case presents novel issues regarding the commercial use of the Internet, specifically the right of an online computer service to prevent a commercial enterprise from sending unsolicited electronic mail advertising to its subscribers.

Plaintiff CompuServe Incorporated ("CompuServe") is one of the major national commercial online computer services. It operates a computer communication...

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