Gosbee v. Martinson

John Gosbee has appealed from a judgment dismissing his RICO action against Rob Martinson, Eskrawl, Inc., Ma-ilwiper, Inc., and Spy Deleter, Inc. We reverse and remand for further proceedings.

I

In March 2004, Gosbee’s computers at his home and office became infected with a spyware program. Initially, the program caused his CD-ROM disc drive drawers to open, and he heard an audible signal indicating an error had occurred. Pop-up ads appeared for a “Spy Wiper” program to remove spyware programs from the computer. One ad stated:

FINAL WARNING!!

If your cd-rom drive(s) open ...

You DESPERATELY NEED…