Missed this one: TheGlobe.com loses CAN-SPAM case...

... brought by MySpace.com: MySpace, Inc. v. The Globe.com, Inc..

Significantly, the court finds that:

1. MySpace is an "internet service provider" within the meaning of CAN-SPAM, and therefore has a private cause of action;


2. Messages sent through MySpace messaging system are "electronic mail"; and


3. Setting up e-mails under "false pretenses" is sufficient under "false and misleading header information" requirement.

Hat tip: Eric Goldman.