INTEL CORP. v. HAMIDI

No. S103781.

1 Cal.Rptr.3d 32 (2003)

30 Cal.4th 1342

71 P.3d 296

INTEL CORPORATION, Plaintiff and Respondent, v. Kourosh Kenneth HAMIDI, Defendant and Appellant.

Supreme Court of California.

June 30, 2003.


Attorney(s) appearing for the Case

Philip H. Weber, Placerville; Dechert, William M. McSwain, Richard L. Berkman, F. Gregory Lastowka; Levy, Ram & Olson, Karl Olson, San Francisco, and Erica L. Craven for Defendant and Appellant.

Mark A. Lemley and Deirdre K. Mulligan for Professors of Intellectual Property and Computer Law as Amicus Curiae on behalf of Defendant and Appellant.

Lee Tien and Deborah Pierce for Electronic Frontier Foundation as Amicus Curiae on behalf of Defendant and Appellant.

Jennifer Stisa Granick, San Francisco, for the Stanford Law School Center for Internet and Society as Amicus Curiae on behalf of Defendant and Appellant.

Ann Brick and Christopher A. Hansen for American Civil Liberties Union Foundation of Northern California, Inc., and American Civil Liberties Union Foundation as Amici Curiae on behalf of Defendant and Appellant.

Robert M. O'Neil and J. Joshua Wheeler for The Thomas Jefferson Center for the Protection of Free Expression as Amicus Curiae on behalf of Defendant and Appellant.

Atshuler, Berzon, Nussbaum, Rubin & Demain, Stephen P. Berzon, Scott A. Kronland, San Francisco, and Stacey M. Leyton for the Service Employees International Union, AFL CIO as Amicus Curiae on behalf of Defendant and Appellant.

Morrison & Foerster, Linda E. Shostak, Michael A. Jacobs, San Francisco, Kurt E. Springmann and Paul A. Friedman, San Francisco, for Plaintiff and Respondent.

Steptoe & Johnson, Stewart A. Baker and W. Chelsea Chen for the U.S. Internet Service Provider Association as Amicus Curiae on behalf of Plaintiff and Respondent.

Richard A. Epstein for California Employment Law Council, California Manufacturers & Technology Association, eBay, Inc., Information Technology Industry Council, National Association of Manufacturers, Semiconductor Industry Association and Silicon Valley Manufacturing Group as Amici Curiae on behalf of Plaintiff and Respondent.

Fred J. Hiestand, Sacramento, for the Civil Justice Association of California as Amicus Curiae on behalf of Plaintiff and Respondent.

Proskauer Rose, Mark Theodore, Arthur F. Silbergeld, Niloofar Nejat Bina and Adam C. Abrahms, Los Angeles, for Labor Policy Association, Inc., United States Chamber of Commerce and California Chamber of Commerce as Amici Curiae on behalf of Plaintiff and Respondent.


WERDEGAR, J.

Intel Corporation (Intel) maintains an electronic mail system, connected to the Internet, through which messages between employees and those outside the company can be sent and received, and permits its employees to make reasonable nonbusiness use of this system. On six occasions over almost two years, Kourosh Kenneth Hamidi, a former Intel employee, sent e-mails criticizing Intel's employment practices to numerous current employees on Intel's electronic...

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