Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 7

CompuServe operates a computer communication service through a proprietary nationwide computer network. In addition to allowing access to the extensive content available within its own proprietary network, CompuServe also permits subscribers to send and receive electronic messages (e-mail). CyberPromotions is in the business of sending unsolicited e-mail advertisements on behalf of itself and its clients to hundreds of thousands of Internet users, many of whom are CompuServe subscribers. CompuServe ordered Cyber to stop using CompuServe's computer equipment to process and store the unsolicited e-mail. Instead, Cyber sent an increasing volume of e-mail solicitations to CompuServe subscribers. CompuServe then attempted to block the flow of Cyber's e-mail transmissions to its computer equipment, but to no avail. CompuServe argued that Cyber's actions amount to trespass to personal property, which entitles CompuServe to injunctive relief to protect its property. Does CompuServe have a viable claim for trespass against Cyber?