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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 No. 98AS05067 INTEL CORPORATION, Plaintiff v. KOUROSH KENNETH HAMIDI and FACE – Intel, a purported California nonprofit organization, Defendant COMPLAINT (Trespass to Chattels; Nuisance) 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. FIRST CAUSE OF ACTION (Trespass to Chattels) 5. Intel realleges and incorporates by reference the allegations of paragraphs 1 through 4 as if fully set forth herein. 6. Intel maintains an internal proprietary computer system on which employees communicate using electronic mail (“e-mail”). 7. The internal e-mail addresses of Intel employees are confidential and proprietary information. 8. 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. 9. 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. 10. 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. 11. As a result, Intel has incurred expenses attempting to block or purge the unauthorzed, unrequested and unwanted messages from their computer system. 12. 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. 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.” 13. Intel realleges and incorporates by reference the allegations of paragraphs 1 through 12 as if fully set forth herein. SECOND CAUSE OF ACTION (Nuisance) 14. Defendants’ spamming of Intel’s proprietary e-mail system has and continues to interfere with Intel’s use and enjoyment of its computer system. 15. 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: A. For actual damages in an amount proven at trial; B. 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; C. For permanent injunction preventing further unauthorized and unrequested e-mail directed to the Intel proprietary computer systems; D. For such further relief as the Court may deem just and proper. Dated: October 6, 1998 MICHAEL A. JACOBS LINDA E. SHOSTAK MORRISON & FOERSTER By: Michael A. Jacobs Attorneys for Plaintiff INTEL CORPORATION

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