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AMERIWEB (LINKUS) vs NETCOM, court documents


Contents


Background

AMERIWEB (better-known to online folks as LINKUS) had been a fairly well-behaved NETCOM customer for a year or two. Sometime around the start of 1998, however, they started providing "safe homes" for spammers' web sites. At the time, NETCOM wouldn't take action against spammers' web sites as long as the spam was sent from elsewhere. The Internet community placed enough pressure on NETCOM that they changed their policy to include action against spam-advertised web sites. LINKUS did not cooperate with the changed NETCOM policy.

In early April, NETCOM informed LINKUS that they were going to terminate LINKUS' connection (on appropximately two weeks' notice). Right around the effective termination date (mid-April), LINKUS filed suit against NETCOM. LINKUS obtained a Temporary Restraining Order requiring NETCOM to keep LINKUS connected. The trial (originally scheduled for April 21) was deferred via two continuances to June 22.

On June 1, George Nemeyer kindly posted the court information for the court case, and shortly thereafter I sent a request to the Clerk of Courts asking for a copy of the entire file. The file arrived on June 18 -- a few days after LINKUS had left NETCOM of their own free will and the whole problem was defused. In this directory there are 48 scanned pages, corresponding to the entire file which I received from the Clerk of Courts in Akron.


Court File Index


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