"Some of our larger enterprise customers even said that top executives at Covad began contacting them directly, immediately after the shutdown," a DSLnetworks representative said.
But the court ruled in favor of Covad, saying Covad's efforts to contact customers did not amount to a breach of contract.
Officials at both DSLnetworks and Internet Express hold that Covad is seeking, in some cases, to begin providing service directly to DSLnetworks' customers.
Other ISPs might consider following the footsteps of DSLnetworks with legal action, said Barry Diamond, CEO of San Diego-based Internet Express.
Despite Covad's short-lived legal troubles and the publicity surrounding its bold accounting moves, the Santa Clara, Calif.-based service provider is still viewed as the healthiest of the trio of companies seeking nationwide DSL business.
"Covad has the best chance for survival," said David Willis, an analyst at Meta Group in Stamford, Conn. "But they are going to have to leverage partnerships with large ISPs or Interexchange Carriers who pay their bills."
That's because Covad has also had its share of fiscal adversity. Last fall the company's Chairman and CEO Robert Knowling resigned in the wake of corporate cash flow problems.
But Covad has strong ties to local phone giant SBC Communications and has lately redoubled its efforts to woo small-business customers.
It will take all those moves and more to stay viable in the DSL game, which now appears to be favoring the Baby Bells, noted Norm Bogen, an analyst at Cahners In-Stat in Scottsdale, Ariz.
"It doesn't take a lot of money to hang out a shingle, but it takes a lot of money to stay in business," Bogen said.
Bogen offers this to the enterprise contemplating DSL: "Watch out who you're buying service from, and make sure you think they'll stay in business."
Ironically, the bleak financial outlook facing DSL providers occurs as the appetite for the high-speed access increases. Cahners estimates that the DSL subscription level will skyrocket from the 2.35 million users registered for the service at the end of 2000.