(Source:  FACE Intel website)
 
 
MICHAEL A. JACOBS (BAR No. 111664)
LINDA E. SHOSTAK (Bar No. 64599)
MORRISON & FOERSTER
425 Market Street
San Francisco, California 94105-2482
Telephone: (415)268-7000
Attorneys for Plaintiff
INTEL CORPORATION
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SACRAMENTO
INTEL CORPORATION,
No. 98AS05067
Plaintiff
v.
COMPLAINT
(Trespass to Chattels; Nuisance)
KOUROSH KENNETH HAMIDI and
FACE - Intel, a purported California
nonprofit organization,
Defendant

Plaintiff Intel Corporation ("Intel") alleges:

    1. Intel is a Delaware Corporation, With its principal place of business in Santa Clara County, California and facilities at Folsom in Sacramento County, California.
    2. Defendant Kourosh Kenneth Hamidi ("Hamidi") is a resident of Sacramento County, California.
    3. Defendant FACE-Intel, formerly known as AXE-Intel, is a purported California nonprofit organization, with its principal place of business in Sacramento County, California.
    4. Hamidi is the designated spokesperson for FACE-Intel.

    5.  

       
       
       
       
       
       

      FIRST CAUSE OF ACTION
      (Trespass to Chattels)
    6. Intel realleges and incorporates by reference the allegations of paragraphs 1 through 4 as if fully set forth herein.
    7. Intel maintains an internal proprietary computer system on which employees communicate using electronic mail ("e-mail").
    8. The internal e-mail addresses of Intel employees are confidential and proprietary information.
    9. Defendants obtained a list of these internal e-mail addresses and on multiple occasions, prior to and during 1998, sent e-mail to Intel employees on Intel's internal e-mail system.
    10. On March 17, 1998, Intel demanded that defendants cease and desist in their unauthorized e-mail directed to company employees on the Intel proprietary computer system.
    11. Despite this demand , Defendants refused to stop the transmissions and continue to send unauthorized and unrequested e-mail, trespassing on the Intel proprietary computer system.
    12. As a result, Intel has incurred expenses attempting to block or purge the unauthorzed, unrequested and unwanted messages from their computer system.
    13. Intel suffered and continues to suffer actual damages as a direct and proximate result of defendants' e-mail spamming in an amount in excess of the jurisdictional minimum of this Court.

    14.  

       
       
       
       

      ____________________________

      One recent e-mail message was directed to approximately 29,000 employees.

      Such unauthorized and unrequested e-mail messages are commonly referred to as "spam" and the act of sending such messages is known as "spamming."
       

    15. Intel realleges and incorporates by reference the allegations of paragraphs 1 through 12 as if fully set forth herein.

    16.  

       
       
       
       
       
       

      SECOND CAUSE OF ACTION
      (Nuisance)
    17. defendants' spamming of Intel's proprietary e-mail system has and continues to interfere with Intel's use and enjoyment of its computer system.
    18. Intel suffered and continues to suffer actual damages as a direct and proximate result of Defendants' e-mail spamming in an amount in excess of the jurisdictional minimum of this Court.
REMEDIES

Wherefore, Intel asks this court for judgment against Defendants, as follows:

    1. For actual damages in an amount proven at trial;
    2. For a preliminary injunction, pursuant to Code of Civil Procedure, Sections 525-527, preventing further unauthorized and unrequested e-mail directed to the Intel proprietary computer system;
    3. For permanent injunction preventing further unauthorized and unrequested e-mail directed to the Intel proprietary computer systems;
    4. For such further relief as the Court may deem just and proper.
Dated: October 6, 1998
MICHAEL A. JACOBS
LINDA E. SHOSTAK
MORRISON & FOERSTER
               (signature of Michael A. Jacobs)
By:_______________________________
Michael A. Jacobs
Attorneys for Plaintiff
INTEL CORPORATION