Case Comment
Cyber Promotions, Inc. v. Apex Global Information Services, Inc.

(E.D. Pa. - September 30, 1997)


copyright 1997 Donald M. Cameron, Aird & Berlis



The Plaintiff, an Internet spammer, was successful in obtaining an interlocutory order preventing the Defendant, its Internet service provider, from terminating its service after spammed persons sent return e-mail to "ping" and interrupt the service provider's business.

The Decision

Being a spammer does not disentitle you to have your contracts enforced.

"the fact that Cyber is an unpopular citizen of the Internet does not mean that Cyber is not entitled to have its contracts enforced in a court of law or that Cyber is not entitled to such injunctive relief as any similar situated business."

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