America Online Inc has won a preliminary injunction in its suit against Las Vegas-based Over the Air Equipment Inc. The suit was filed last month in an effort to stop Over the Air from sending unsolicited e-mail promoting a cyber stripper website to AOL members (CI No 3,260). A judge in the US District Court in Alexandria, Virginia has found enough merit in AOL’s case to issue an order, which takes effect immediately, restricting Over the Air from sending any unsolicited mail to AOL members. The injunction is essentially a round-one victory in the case. If the court ultimately finds Over the Air did indeed act in violation of the Computer Fraud and Abuse Act, the restriction will become permanent. In addition to the spamming, AOL alleges that the promotions company falsified transmission data and fraudulently copied an AOL trademark to imply that their website had the service provider’s approval. Shortly after the suit was filed, AOL announced enhanced mail features to allow subscribers more control over blocking unwanted mail (CI No 3,279).
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