Monday, June 4, 2007

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

... brought by MySpace, Inc. v. The, 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.

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