Netvision Audiotext runs subscription-based porn sites. It operates an affiliate scheme to boost subscriber numbers by paying third party web sites a fee if their links to its porn sites introduce new subscribers. Most of these third party sites are competing porn sites.
AOL first sued in December 2000, claiming that Netvision was conspiring with its affiliates to send spam to AOL users. The spam promoted Netvision’s porn sites. In the lawsuit, AOL demanded $10 for each piece of spam.
According to press reports, this week’s settlement means that Netvision and 40 of its affiliates are banned from sending any more unsolicited e-mail to AOL users. The company has also agreed to pay undisclosed damages to AOL.
An AOL spokesman is quoted by Internetnews.com, saying:
"This settlement has now determined that an adult web site operator can be held responsible for negligence and the hiring and employment of webmasters as part of an affiliate programme. This goes to the issue of holding those who incentivise the act of spamming accountable in court."