Intel Corp. v. Hamidi

MOSK, J.,* Dissenting.

The majority hold that the California tort of trespass to chattels does not encompass the use of expressly unwanted *1386electronic mail that causes no physical damage or impairment to the recipient’s computer system. They also conclude that because a computer system is not like real property, the rules of trespass to real property are also inapplicable to the circumstances in this case. Finally, they suggest that an injunction to preclude mass, noncommercial, unwelcome e-mails may offend the interests of free communication.

I respectfully disagree and would affirm the trial…