Thursday, August 29, 2019
Legal Brief Case Study Example | Topics and Well Written Essays - 500 words
Legal Brief - Case Study Example The verdict in this case, is to determine whether it is illegal to advertise through commercial emails using multiple domain names to avoid spam filter (Supreme Court of California). Internet is global networkings in computers, which enable millions of world populace to communicate and access information. Referring to a case on Reno v. civil liberties union (1997) 521 U.S. 844 for internet to operate, each connected entity must have a unique identity called IPA. However, because it is a bit difficult to recall IP addresses, internet community came up with domain names system to serve the same purpose. The domain names directly identify the individual or the organization (Supreme Court of California). In 2007, Craig E. kleffman filed a suit against Vonage holdings corp. in the District Court under section 17529.5 of Professions Code only to loss to Vonage (Supreme Court of California). Kleffman claimed that Vonage holdings had sent him eleven emails on the same subject from different domain names tracing back to Vonage marketing agent. By doing this, Vonage managed to trick the spam filter and internet service provider that was responsible for monitoring the number of sent emails from individual domain name. He concluded that Vonage deliberately created multiple domain names to reduce the number of emails from each domain name and at the same time tricked the internet service providers that the emails originated from different senders. Vonage use of several domain names is misleading and untrue because it does not identify the right sender. However, the case was dismissed because kleffman did not give any occurrence of misleading or false information in the content of any of the emails. Kleffman however, appealed to the court of apples, which under the California rule of court 8.548 the ninth Circuit, asked them to decide. ââ¬Å"In accordance to section 17529.5(A)
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