This section contains the nature of the case and procedural background.

CompuServe (P) is an internet online computer service. Cyber Promotions, Inc. (D) used the internet to send unsolicited email ads to hundreds of thousands of internet users. P got complaints from its subscribers regarding D's mailings. P requested that D terminate this practice. D ignored that request and sent even more emails. P then sued D and asked for a preliminary injunction and eventually a TRO which would prevent D's from sending unsolicited emails to P's customers. P and D played a technology game of cat and mouse with P erecting screening barriers and D finding ways around them. P based its motions for the injunctive relief on common law theories of trespass to personal property or chattels and that D's continued transmission of electronic messages constituted an actionable tort. P claims that is has suffered damages by the vast number of messages sent from P as they tie up their computer resources and processing power along with available memory. P also claims that the messages are largely unwanted by its subscribers many of whom pay for the time they spend using P's service just for the privilege to throw away D's unwanted emails; as such many subscribers have terminated their accounts specifically from unwanted bulk emails.

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