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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46987 Justice Solomon PLAINTIFF CORPORATION asserted that it was libeled in an article in defendant’s magazine, which allegedly asserted that an Internet lottery Web site owned and operated by plaintiff sends unsolicited e-mails or “spam.” In support of its claim that it does not send “spam,” plaintiff submitted a print version of the lottery site’s “privacy pledge.” The pledge stated that plaintiff collected information to show ads and promotions to site members and gave instructions on how to request plaintiff to stop sending e-mails from the lottery site or its “marketing partners.” The court dismissed plaintiff’s action for failure to state a claim. Construing the context of the article, which it found accurately depicted plaintiff’s Web site and use of member information, the court found that plaintiff’s association with firms linked to an alleged “spammer,” together with that firm’s denials of sending “spam” did not expose plaintiff to contempt and ridicule as a “spammer.”

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