I remember when this first came around the net. The idea, as I recall, was that by including a copyrighted and trademarked haiku in email, you could tell if it was spam or not. Well, this scheme is about to be tested in court. It should be interesting, but I really think that in the long run the answer to the spam problem isn't going to come from tort law or even from the legislature, but from a change in how we deliver email.