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Wednesday, July 23, 2003

The Requisite Showing Of Spamage

Jonathan Bender on Intel v. Hamidi (PDF): "Intel put forward the wrong evidence in its summary judgment papers by focusing on disruption in its workplace caused by the content of Hamidi's messages, rather than the disruption to its computer systems caused by the e-mails themselves and the likelihood of future harms caused by other ex-employees inspired by Hamidi. ... Other plaintiffs need not make the same mistake." (Note that when Jonathan's article, "California Retethers Internet 'Tresspass to Chattels' to Chattels," was posted it might not have been immediately apparent that Chief Justice George concurred in Justice Mosk's dissent. The Court has reposted the opinion to so reflect.)

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