CN Productions sent almost one billion emails touting adult websites to account holders including those in the UK.
The case marks the first time that statutory damages have accompanied an unsolicited email suit under amended law in AOL's home state of Virginia.
But while a historic first, it is still feared the ruling will have little impact on the occurrence of unsolicited emails.
Enrique Salem, president and CEO of spam filter Brightmail, believes spammers still have the upper hand, despite the impending opt-in deadline for the October 2003 Electronic Communications and Data Privacy Bill.
"I think there will be more successful adjudications, he says. "But the issue continues to be a technological as much as a legislative one."
In September 2001 Brightmail's interceptions showed that eight percent of all internet email was spam; in November 2002 this had jumped to 40 per cent.
"Part of the problem is what spam is, adds Salem. "Technically it's anything that hasn't been opted-in to, but even while AOL was successful, CN Productions still made £5 million from people who did reply, even though they hadn't originally been asked to be sent the email, and acted more in an opt-out basis."
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