[Ecommerce] spam mail ruling

[Takeshi Muramoto]

Asahi Shinbun, March 25, 2003

http://www.asahi.com/national/update/0325/008.html



On March 25, 2003, Tokyo District Court ruled that the Internet service
company in Tokyo have to pay compensation to NTT DoCoMo for reasons of
having transmitted a lot of spam mails to the i mode user. According to
judgment, the defendant company transmitted the about 4,050,000 spam mail
for April and 02 to 50 days. Although DoCoMo was first in June careful of
the stop of transmission of spam mail to the defendant with the document, a
defendant changed an address and continued sending spam mail. In the case of
spam mail, NTT DoCoMo cannot ask charge of the communication from an
addressee. For reasons of having done mail processing work unnecessary for a
complainant, the court ordered the defendant to pay JPY 6,560,000 as
reparations. Although defendant claimed that it was enough to pay the amount
of fixation defined beforehand in the case, the court said that such an
opinion was restricted when mail transmission is used as a contract.



Takeshi Muramoto

musan@mba.sphere.ne.jp