The Result Under eBay

Intel tried to prevent Hamidi from sending the emails, but Hamidi evaded their attempts to block delivery. Thus, his sending the emails constituted an intentional, unauthorized use that was repeated and unpreventable.

Therefore, under eBay, the use

(a) did not impair the value of the computers and was not a trespass.

(b) impaired the value of the computers and was a trespass.