Logourl black
From our private database of 13,800+ case briefs...

CompuServe Inc. v. Cyber Promotions, Inc.

United States District Court for the Southern District of Ohio
962 F.Supp. 1015 (1997)


Facts

Cyber Promotions, Inc. (Cyber) (defendant) was in the business of sending unsolicited e-mail to internet users, including CompuServe Inc. (CompuServe) (plaintiff) subscribers. CompuServe notified Cyber that it was prohibited from using CompuServe computer equipment to process and store the unsolicited e-mail. CompuServe asked Cyber to terminate this practice, but Cyber refused. Accordingly, CompuServe attempted to block the flow of Cyber’s email, however, Cyber manipulated its email to avoid detection by CompuServe. CompuServe contends that Cyber was trespassing upon CompuServe’s personal property, by manipulating Cyber’s email in order to continue sending unsolicited e-mail using CompuServe’s equipment. Due to Cyber’s actions, CompuServe lost customers and its equipment was compromised due to the increased demands placed on CompuServe’s equipment. CompuServe moved for a preliminary injunction, based on the common law theory of trespass to chattel, to extend a temporary restraining order previously issued by the court. The preliminary injunction sought to prevent Cyber from sending unsolicited e-mail and advertisements to CompuServe subscribers. 

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Graham, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 170,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.