America Online Inc is claiming victory in its anti-spam lawsuit against Over the Air Equipment Inc, filed in October (CI No 3,260). AOL says Las Vegas-based Over the Air has surrendered its fight with the internet service provider agreeing to drop its challenge to a preliminary injunction issued in November (CI No 3,283) which prohibits the company from sending unsolicited email to AOL members. AOL says the settlement effectively means that Over the Air can never send unwanted mail to AOL members again. It also includes a payment to AOL of an unspecified amount of damages, and AOL says it will use the money to support internet safety education initiatives for children and their parents. The victory against Over the Air, which roiled the ISP by sending advertisements for pornographic web sites, is the second such win for AOL this year. In February, it reached an agreement with Cyber Promotions Inc that put an end to its spamming activities on AOL (CI No 3,096). The peace never lasts, however, as AOL says it has launched another suit against Squeaky Clean Marketing and Cyber Services, both based in Dallas, Georgia. The suit alleges that both companies have ignored repeated requests by AOL to stop sending unwanted junk mail to its members. The companies market various products, including do- it-yourself spamming software, according to AOL. The suit also alleges that the marketers have been using deceptive mailing practices to avoid AOL’s filters.
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