Judge overrules AOL court order

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America Online scored what it considers a philosophical victory on the West Coast in its public battle to up network capacity fast enough to sate online-hungry consumers. Washington state Supreme Court Judge Peter Jarvis overturned a court order issued last week against the online service that would have restricted the service from soliciting new customers in Washington state until it had grown its capacity to serve them.

"This is a real win for us," AOL spokeswoman Wendy Goldberg said. "This is no longer a question of [what we'll do for] consumers' redress. It's a question of lawyers wasting taxpayers' dollars," she said, referring to the publicly announced plans AOL has to up network capacity, discontinue new advertising including image spots that used "Jetsons" music from TBWA Chiat/Day, and incremental refunds for consumers based on their usage hours and levels of inconvenience during December and January.

Ms. Goldberg said AOL would not resume advertising in Washington.

Copyright February 1997, Crain Communications Inc.

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