![]() Specifically, Cyber contends that AOL has obtained a monopoly in the market for providing direct marketing advertising material via electronic transmission to AOL's own subscribers in violation of Section 2 of the Sherman Act, 15 U.S.C. ("AOL"), Cyber filed a motion for leave to *458 amend its First Amended Complaint to assert an entirely different yet equally untenable theory which it claims gives it the right to use AOL's private property free of charge to send millions of e-mail advertisements to AOL subscribers that AOL's blocking of Cyber's e-mail advertisements in favor of its own advertising violates the federal antitrust laws. ("Cyber") does not have a right under the First Amendment to the United States Constitution or under the Constitutions of Pennsylvania and Virginia to send unsolicited e-mail advertisements over the Internet to subscribers of American Online, Inc. Kochanski, Lerner, David, Littenberg, Krumholz & Mentlik, Westfield, NJ, for defendant Cyber Promotions, Inc.Ī mere two days after this Court ruled in a Memorandum Opinion and Order dated Novemthat Cyber Promotions, Inc. Gitomer, McCausland, Keen & Buckman, Radnor, PA, Paul H. Bernstein, Hoyle, Morris & Kerr, Philadelphia, PA, Glenn S. Schiller, Piper and Marbury, Philadelphia, PA, for plaintiff America Online, Inc. ![]() ![]() Grow, Vorys, Sater, Seymour and Pease, Washington, DC, Ronald P. ![]()
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