CompuServe, Inc. v. Cyber Promotions, Inc. (1997) (using servers for spam)

a.       Facts- P is an internet provider and D is an internet marketing agency. D uses P’s systems to send unsolicited “spam” email. P claims that, by doing so, it negatively affects P’s systems. P told D to stop; D did not stop. P sued D for trespass to chattel.

b.      Procedural History- Ct granted the request for a preliminary injunction, finding that P was likely to succeed on the merits.

c.       Issue- Whether email/system use is an actionable subject matter for trespass to chattel

d.      Holding- Yes, emails/system use can be the subject matter for actions of trespass to chattel

e.       Rule- Physical dispossession is not necessary for a suit of trespass to chattel, so long as damage is present

f.       Rationale- Physical damage is not necessary for a suit of trespass to chattel. By using P’s computer systems, D devalued (damaged) the system.