Spam mail for an individual user is a minor irritation that can be remedied by the trash bin. But if it hobbles the operation of an Internet company-it becomes suit worth. Any remedies?
CompuServe, Inc. v. Cyber Promotions, Inc (a US District court case) illustrates one remedy. In this case: a) CompuServe did not ask for damages but for injunctive relief against the defendants and b) CompuServe’s basis for an injunctive relief was the common law principle of “trespass to personal property”.
The US District Court granted injunctive relief to CompuServe since it has demonstrated that the defendants' intrusions into their computer system harm plaintiff's business reputation and goodwill. Though CompuServe Inc. was decided on the common law principle of “trespass to personal property”, it can be used by an Internet company, in our jurisdiction, to argue that spamming harms its business reputation and goodwill. It can the contend that harming the reputation and goodwill of its business is contrary to public policy under Article 21 of the Civil Code.
Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.
Hence, spamming becomes actionable.
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