Intel vs Hamidi

June 30th 2003, the California Supreme court handed down its ruling of Intel vs Hamidi in Hamidi's favor. Hamidi was charged by Intel with trespass to chattel after sending 6 emails to 30,000 Intel employees over a two year period. The emails covered topics such as the firing of Hamidi while he was on sick leave, and other items considered to be unfair labor practices. The court found that the emails did not constitute a trespass to chattels concluding "...that under California law the tort does not encompass, and should not be extended to encompass, an electronic communication that neither damages the recipient computer system nor impairs its functioning. Such an electronic communication does not constitute an actionable trespass to personal property, i.e., the computer system, because it does not interfere with the possessor’s use or possession of, or any other legally protected interest in, the personal property itself". Originally a 16th century English law, trespass to chattels was used to protect farmers from having their livestock stolen. Under Californian law the owner of said chattel may only recover the actual damages suffered by reason of the impairment of the property or the loss of it's use.
Civil Rights advocates hail this as a victory for Free Speech on the internet and also a victory in that it puts Human Rights over corporate Property rights. "[Kenneth Hamidi] no more invaded Intel's property than does a protester holding a sign or shouting through a bullhorn outside corporate headquarters, posting a letter through the mail, or telephoning to complain of a corporate practice," said Justice Kathryn Mickle Werdegar.
The full judgement can be found at: http://www.intelhamidi.com/supremedecision.htm