The Curious Engineer

Technology & Marketing Law Blog

2008–2012

1,317 posts

← 2005–2007 2013–2019 →

2012 327

December 2012

  1. Anti-Scraping Lawsuits Are Going Crazy in the Real Estate Industry (Catch-Up Post)
  2. Google’s Privacy Policy Integration Initially Defeats Legal Challenge — In re Google Privacy Policy Litigation
  3. Sale of “Damn You Auto Correct!” Website Leads to Fights Over Its Google Analytics Numbers — Studio 159 v. PopHang, LLC, et al.
  4. Court Dismisses Class Action Against Apple Over Its App Developers’ Information Collection Practices – Pirozzi v. Apple
  5. The FTC’s New Kid Privacy Rules (COPPA) Are a Big Mess (Forbes Cross-Post)
  6. Facebook Isn’t–and Shouldn’t Be–A Democracy (Forbes Cross-Post)
  7. Lawsuit Against Instagram Over Terms of Service Changes Looks Flimsy — Funes v. Instagram
  8. Facebook’s Proposed Amended Sponsored Settlement and Instagram’s TOS Revs
  9. When Will We Give Up the Charade That Numbers Are Copyrightable?–National Football Scouting v. Rang
  10. How to Fix Software Patents (Forbes Cross-Post)
  11. Two Challenges to Fixing Software Patents (Forbes Cross-Post)
  12. Minors’ Suit Over Facebook Credits Survives in Part – I.B. v. Facebook
  13. Search Engine Developer Sues Facebook for Disallowing Access to User Data — Profile Technology v. Facebook (Catch-Up Post)
  14. Calling Someone a “Terrorist” Online Is Non-Actionable Opinion–LeBlanc v. Skinner
  15. Two More Cases Hold That Anti-SLAPP Laws Protect Consumer Reviews
  16. Bit-Torrent Copyright Litigation Updates, and a Potentially Significant Decision on Joinder
  17. Facebook Doesn’t Violate Antitrust Law When It Controls Its Users’ Experience–Sambreel v. Facebook (Forbes Cross-Post)
  18. Sex Offender Online Registration Statute Covers New Myspace Account — State v. White
  19. Useful Article on the First Sale Doctrine in Trademark Law (Guest Blog Post)
  20. Amazon Not Liable for Affiliates’ Allegedly Bad Acts–Routt v. Amazon
  21. The Problems With Software Patents (Forbes Cross-Post)
  22. Employee/Ex-Employer Lawsuit Over Twitter Account Settles – Phonedog v. Kravitz

November 2012

  1. Court Says Plaintiff Lacks Standing to Pursue Failure-to-Purge Claim Under the VPPA – Sterk v. Best Buy
  2. Yet Another Ruling That Competitive Keyword Ad Lawsuits Are Stupid–Louisiana Pacific v. James Hardie (Forbes Cross-Post)
  3. Lawsuit Over “Google Tags” Dismissed–Frezza v. Google
  4. Employee Terminated for Facebook Message Fails to State Public Policy Claim — Barnett v. Aultman
  5. Online Data Broker Need not Comply With Licensing Requirements for Private Investigators – Brown v. Intelius
  6. Expert Report on the Value of Consumer Review Websites and 47 USC 230
  7. Court Kicks Data Breach Claim Against Valve – Grigsby v. Valve
  8. AmeriGas Gives Up Its Lawsuit Against PissedConsumer
  9. Engaging Facebook Friends Doesn’t Violate Non-Solicitation Clause–Invidia v. DiFonzo
  10. Court Orders Password Turnover and In Camera Review of Social Media Accounts – EEOC v. Original Honeybaked Ham Co.
  11. Court: Customer Consents to Receive Texts by Providing Phone Number to Pharmacy – Pinkard v. Wal-Mart Stores, Inc.
  12. District Court Smacks Down Another “Avatar” Copyright Infringement Claim — Schkeiban v. Cameron
  13. Scribd Botches Its Frictionless Sharing Implementation…AGAIN (Forbes Cross-Post)
  14. Preview of Our “Solutions to the Software Patent Problem” Conference
  15. Another Google AdWords Advertiser Defeats Trademark Infringement Lawsuit–CollegeSource v. AcademyOne (Forbes Cross-Post)
  16. Pro Se Discrimination Lawsuit Against Google Fails–Ajuluchuku v. Google
  17. Intellectual Property on the Internet: A Brief Comparison of the Current Situation in Europe and the United States (Guest Blog Post)
  18. Court Reduces Damages Award if Defendant Honors Injunction – North American Recycling v. Texamet Recycling
  19. Email That Says “Done .. thanks!” Doesn’t Transfer Copyrights – MVP Entertainment v. Frost
  20. Social Media Producer’s Counterclaims Based on Website Ownership Rejected – Ardis Health v. Nankivell
  21. Dream Job Alert! We’re Hiring A Clinic Director for New SCU Law Clinic Supporting Start-Up Entrepreneurs
  22. Confirmatory Opt-out Text Message Not Actionable Under the TCPA — Ryabyshchuck v. Citibank
  23. With Rosetta Stone Settlement, Google Gets Closer to Legitimizing Billions of AdWords Revenue (Forbes Cross-Post)
  24. Plastic Surgeon Owns Copyright in Before-and-After Photos of Patient–Denenberg v. LED Technologies
  25. Another Court Finds Online Statements With Links Are Not Defamatory – Seldon v. Compass Restaurant

October 2012

  1. Data Breach Claim Survives Based on Allegation of Misuse of Personal Information — Burrows v. Purchasing Power
  2. Overreaching Anti-Circumvention Claim Shut Down–DISH Network v. World Cable
  3. Consumer Review Website Isn’t Liable for Users’ Copyright Infringement–Ripoff Report v. ComplaintsBoard
  4. How Zappos’ User Agreement Failed In Court and Left Zappos Legally Naked (Forbes Cross-Post)
  5. Photographer Who Sued Twitter For Copyright Infringement Voluntarily Dismisses Lawsuit — Boffoli v. Twitter
  6. Social Media Discovery Case Update and Tips for Those Seeking Discovery
  7. Blogger Can’t Defeat Copyright Infringement Claim on Motion to Dismiss–Katz v. Chevaldina
  8. Google Gets Unwanted Ruling in AdWords Trademark Lawsuit–CYBERsitter v. Google
  9. Google Defeats Trademark Challenge to Its AdWords Service–Jurin v. Google (Forbes Cross-Post)
  10. Twitter’s Country-Specific Content Blocking Raises Questions about the Efficacy of Geolocation (Guest Blog Post)
  11. Q3 2012 Quick Links, Part 5 (E-Commerce, Miscellaneous)
  12. Does the Supreme Court Have a Free Policy Choice in Wiley v. Kirtsaeng? (Guest Blog Post)
  13. Class Action Against Path Over Cellphone Address Book Access Keeps Going — Hernandez v. Path
  14. How Long Does a Post-Mortem Right of Publicity Last?–Hebrew University v. GM (Guest Blog Post)
  15. Q3 2012 Quick Links, Part 4 (Facebook, Content Regulation)
  16. Ninth Circuit Says Yellow Pages are Entitled to Full First Amendment Protection–Dex v. Seattle
  17. Employee’s Twitter Rant Means He Doesn’t Get Unemployment Benefits–Burns v. UCBR
  18. Q3 2012 Quick Links, Part 3 (Advertising, Privacy, Consumer Protection)
  19. Q3 2012 Quick Links, Part 2 (Copyright)
  20. 9th Circuit Zings Best Buy Over Robocalls – Chesbro v. Best Buy
  21. A Reward Offer Still An Offer, Even if It’s Made on YouTube – Augstein v. Ryan Leslie
  22. A Dark Side of Data Portability: Litigators Love It (Forbes Cross-Post)
  23. $1 Billion Pro Se Privacy Lawsuit Against Google Fails–Shah v. MyLife
  24. Court Rejects Challenge to Indictment Over Facebook Threats — US v. Michael
  25. Sony Network Data Breach Class Action Suffers Setback — In re Sony Gaming Networks
  26. Second Circuit Says Arbitration Clause in Terms Emailed After-the-Fact Not Enforceable – Schnabel v. Trilegiant
  27. Wikipedia’s “Pay-for-Play” Scandal Highlights Wikipedia’s Vulnerabilities (Forbes Cross-Post)
  28. The Proposed “Cloud Computing Act of 2012,” and How Internet Regulation Can Go Awry (Forbes Cross-Post)
  29. Texas Court of Appeals Rejects Privacy Claims Based on Facebook Firing – Roberts v. Careflite
  30. Call for Papers/Participation, 3rd Annual Internet Law Work-in-Progress Conference, SCU, March 16, 2013
  31. Q3 2012 Quick Links, Part 1 (Trademarks/Domain Names, Patents, Trade Secrets)
  32. Ripoff Report and Topix Postings Protected by California’s Anti-SLAPP Law–Chaker v. Mateo
  33. Battle Over LinkedIn Account Between Employer and Employee Largely Gutted–Eagle v. Morgan
  34. Judge Dismisses Claims Against Pandora for Violating Michigan’s Version of the VPPA – Deacon v. Pandora Media
  35. Big Problems in California’s New Law Restricting Employers’ Access to Employees’ Online Accounts (Forbes Cross-Post)
  36. If You’re a Prisioner Trying to Hide Your Unauthorized Phone, Don’t Brag About the Phone on Facebook! — Lloyd v. Shartle
  37. Marilyn Monroe’s Image is Cast Into the Public Domain — Sort Of (Guest Blog Post)
  38. Recent Ruling in Triple Town/Yeti Town Game App Dispute Provides Cautionary Lessons for Both EA and Zynga (Partial Forbes Cross-Post)
  39. Do You Think Software Patents Are a Problem? Then Come to This Conference, SCU, Nov. 16

September 2012

  1. Business School Professors May Be Liable for Defamatory Blog Post–ZAGG v. Catanach
  2. Lovelorn Plaintiffs Strike Out Against Match.com – Robinson v. Match.com
  3. “Notes and Questions” About the UMG v. Shelter Capital Case (Excerpt from my Internet Law Reader)
  4. We Need Federal Anti-SLAPP Legislation, But Sen. Kyl’s “Free Press Act of 2012? Isn’t the Answer (Yet) (Forbes Cross-Post)
  5. Stored Communications Act Bars Disclosure of Facebook Records to Surviving Family Members in the UK
  6. Latest “Hot Topics in Internet Law” Talk Slides
  7. Improperly Designating Fashion Designs as “Unpublished” May Invalidate Copyright Registration–Family Dollar Stores v. United Fabrics
  8. Split 9th Circuit Panel Approves Facebook Beacon Settlement – Lane v. Facebook
  9. Cafepress Suffers Potentially Significant Trademark Loss for Users’ Uploaded Designs (Forbes Cross-Post)
  10. Newly Released Consumer Survey Indicates that Legal Concerns About Competitive Keyword Advertising Are Overblown (Forbes Cross-Post)
  11. Court Says No Negligence Claim for Third Party Infringement via Open Wi-Fi Connection – AF Holdings v. Doe
  12. Social Media Discovery Roundup
  13. Another Blow to Banks in ACH Fraud Cases: Funds Transfers Act Preempts Indemnity Agreements — Choice Escrow v. BancorpSouth
  14. My Presentations on the Obama Administration’s “Privacy Bill of Rights” and the Proposed Amendments to the EU Data Privacy Directive
  15. Pointing Out Possible Hypocrisy by a Self-Claimed Sextortion Expert Protected by Anti-SLAPP Laws–Backlund v. Stone
  16. Another School Violated a Student’s First Amendment Rights by Disciplining Her For Facebook Posts — R.S. v. Minnewaska Area School Dist. No. 2149
  17. Buyers of Michael Jackson’s Assets from a Storage Locker Auction Can’t Set Up Paywalled Tribute Website–Branca v. Mann
  18. Florida Judge Disqualified Over Facebook Friendship With Prosecutor -– Domville v. Florida
  19. Ongoing Website Editing Doesn’t Trump Single Publication Rule–Yeager v. Bowlin
  20. Courts Allows Text Spam Class Action Against Voxer, a Cell Phone Walkie-Talkie App — Hickey v. Voxernet
  21. Is a Website “Published” for Copyright Law Purposes?–Rogers v. BBB of Houston
  22. Fight Over Access to Log-in Credentials for Blog Does not Trigger Copyright Preemption – Insynq v. Mann
  23. Lawyer Who Advised Brother-in-Law Regarding the Use of Spyware on His Wife Disqualified in Ensuing Privacy Dispute — Zang v. Zang
  24. Barnes & Noble’s Online Contract Formation Process Fails –Nguyen v. Barnes & Noble
  25. Another Case Says No Liability for Linking to Allegedly Defamatory Content, Plus a Recap (Guest Blog Post)
  26. Family Court Says Facebook Photos of Grow Operation Wrongly Admitted in Termination Proceeding – In re A.D.W., et al.

August 2012

  1. Stored Communications Act Does Not Bar Discovery of Employee Phone Records–Mintz v. Bartelstein Assocs.
  2. We’ve Filed a Request to Publish Redmond v. Gawker Media
  3. Sixth Circuit Affirms Conviction for Threat Posted to YouTube – US v. Jeffries
  4. Ranking of “Dirtiest Hotels” Based on User Ratings is “Unverifiable Rhetorical Hyperbole”–Seaton v. TripAdvisor (Partial Forbes Cross-Post)
  5. Virtual (SuperPoke!) Pet Owners Must Arbitrate Their Claims Against Google and Slide — Abreu v. Slide
  6. Online Marketplace Not Liable to Buyer for Aborted Private Sale of Facebook Shares — Facie Libre Associates v. SecondMarket Holdings
  7. Amazon.com’s Anti-Counterfeiting Efforts Blessed by California Appellate Court (Forbes Cross-Post)
  8. Google Tries Again to Respond to Judge Alsup’s Shill Disclosure Order. Now, How About Oracle?
  9. Judge Seeborg Rejects Sponsored Stories Settlement For Now — Fraley v. Facebook
  10. Why Did Google Flip-Flop On Cracking Down On “Rogue” Websites? Some Troubling Possibilities (Forbes Cross-Post)
  11. No Privacy Claim Against Netflix for Disclosing Viewing Histories and Instant Queue Titles Through Netflix-Enabled Devices — Mollett v. Netflix
  12. 6th Circuit Allows Police GPS Tracking on Prepaid “Burner” Phones — United States v. Skinner
  13. Judge Alsup Tells Google to Try Harder With Its Shill Disclosures
  14. Oracle and Google Make Unenlightening Disclosures of their “Shills”
  15. Section 230 Immunizes Links to Defamatory Third Party Content–Directory Assistants v. Supermedia
  16. No Fourth Amendment Violation When Your Facebook “Friend” Shares Profile Information With Law Enforcement–US v. Meregildo
  17. Six-Month Retrospective of SOPA’s Demise [Forbes Cross-Post, A Month Late!] + SOPA/PROTECT-IP/OPEN Linkwrap #3
  18. No Liability for Takedown Notice that Results in Termination of Facebook Page — Lown Cos. v. Piggy Paint
  19. Bank Might Bear Loss for Fraudulent Money Transfers Initiated From Its Website–Patco v Ocean Bank (Catch-Up Post)
  20. Introducing Blogging Assistant Jake McGowan, and Another Request for Help
  21. Request for Help: Fill Out a Short Survey on Entrepreneurs’ Handling of Patent Demands
  22. Court Declines to Dismiss Video Privacy Protection Act Claims against Hulu
  23. Using Links as Citations Helps Gizmodo Defeat a Defamation Claim–Redmond v. Gawker Media
  24. Breastfeeding Mom Can Sue Video Producer Despite Signing a Blanket Release–Sahoury v. Meredith
  25. Judge Alsup Tries to Out the Shills in Oracle v. Google
  26. Craigslist’s Latest Moves Show It Cares More About Its Market Position Than Delivering Value to Its Users (Forbes Cross-Post)
  27. Ex-Employee’s Access/Misuse of Employer Files States CFAA Claim — Weingand v. Harland Financial
  28. EA Faces Uphill Battle in Its Copyright Infringement Lawsuit Against Zynga (Partial Forbes Cross-Post)
  29. Online Marketplace Isn’t Liable for Bad Conduct by Merchants It Certifies–Englert v. Alibaba
  30. Now Available: My Internet Law Syllabus and Reader for Fall 2012
  31. The Newest Olympic Sport: Evasion of Geolocation (Guest Blog Post)
  32. CA Court Confirms that Pineda v Williams-Sonoma (the Zip-Code-as-PII Case) Applies Retrospectively — Dardarian v. OfficeMax
  33. What Are Trademark Defendants’ Obligations to Clean Up the Internet After a Trademark Injunction?
  34. Video Embedding Site Isn’t a Contributory Copyright Infringer, But Sideloading Could Be Direct Infringement–Flava Works v. myVidster
  35. Physical Props for Teaching the IP Survey Course
  36. P2P Infringement Lawyer Faces Possible Sanctions For Disregarding Court Order Regarding Subpoenas – In re: Bittorrent Adult Film Copyright Infringement Cases

July 2012

  1. Online Kevorkian’s First Amendment Challenge to Assisted Suicide Convictions Unsuccessful -– State v. Melchert-Dinkel
  2. Backpage Gets Important 47 USC 230 Win Against Washington Law Trying to Combat Online Prostitution Ads (Forbes Cross-Post & More)
  3. 4th Circuit Limits the Reach of the Computer Fraud and Abuse Act – WEC Carolina Energy Solutions v. Miller
  4. Franchisor Isn’t Liable Under the TCPA for Franchisees’ Text Message Campaign – Thomas v. Taco Bell
  5. Ex-Spouse Hit With 20K in Damages for Email Eavesdropping – Klumb v. Goan
  6. Offering P2P File-Sharing Software for Downloading May Be Copyright Inducement–David v. CBS Interactive
  7. Judge Koh Puts the Kibosh on LinkedIn Referral ID Class Action — Low v. LinkedIn
  8. Why Defensive Domain Name Registrations Aren’t a Good Deal for Small Businesses (Forbes Cross-Post)
  9. PissedConsumer Defeats Trademark Claim…On a Motion to Dismiss!?–deVere v. Opinion Corp.
  10. Announcing a New Casebook: “Advertising & Marketing Law: Cases & Materials” by Tushnet & Goldman
  11. Yet Another Case Says Section 230 Immunizes Newspapers from User Comments–Hadley v. GateHouse Media
  12. Court Dismisses Data Breach Claims Against Countrywide – Holmes v. Countrywide
  13. Having a Facebook or Twitter Account Shouldn’t Mean Mandatory California Vacations if You Get Sued (Forbes Cross-Post)
  14. “Cloud Computing: Is Anything Private?” Talk Notes
  15. No Negligence Claim for Infringement via Shared Internet Connection (Preempted by Copyright Act) – Liberty Media v. Tabora
  16. Google Sued Again for AdWords Trademark Infringement–Home Decor Center v. Google
  17. Court Orders Production of Five Years’ Worth of Facebook and MySpace Posts – Thompson v. Autoliv
  18. Now Blogging at “Tertium Quid” at Forbes
  19. H1 2012 Quick Links, Part 5 (Consumer Reviews, Content Regulation, Miscellaneous)
  20. H1 2012 Quick Links, Part 4 (Search Engines, eBay, Social Networking Sites)
  21. H1 2012 Quick Links, Part 3 (Advertising & Privacy)
  22. Confirmatory Opt-Out Text Message Doesn’t Violate TCPA – Ibey v. Taco Bell
  23. The “I Didn’t Understand Facebook’s Privacy Settings” Argument Isn’t Persuasive to Judges–Sumien v. CareFlite
  24. Men’s Journal Beats Lawsuit Alleging Violation of California’s “Shine the Light” Privacy Statute — Boorstein v. Men’s Journal
  25. H1 2012 Quick Links, Part 2 (Copyright)
  26. Judge Koh Whittles Down iPhone App Privacy Lawsuit – In re iPhone Application Litig.
  27. H1 2012 Quick Links, Part 1 (Trademarks/Domain Names, Patents, Trade Secrets, IP)
  28. Angie’s List’s Telephone and Fax Information Services May Be Immunized by Section 230–Courtney v. Vereb

June 2012

  1. New Jersey Appeals Court Reverses Anti-Harassment Order Based on Emails – E.L. v. R.L.M
  2. Photographer’s Suit Against Client for Republishing Photos on Facebook Proceeds – Davis v. Tampa Bay Arena
  3. Can Korean Copyright Owners Sue Australian Defendants in California? Judges Disagree–DFSB Kollective v. Bourne
  4. Court Refuses to Dismiss Claims Against Alleged Twitter-Bot Spammer–Twitter v. Skootle
  5. Will the Floodgates Open Up for Americans with Disabilities Act (ADA) Claims Against Websites?–National Association of the Deaf v. Netflix
  6. Wisconsin Appeals Court Punts on the Legality of Buying People’s Names for Keyword Advertising–Habush v. Cannon
  7. Mortuary Student Can Be Disciplined for Facebook Posts–Tatro v. University of Minnesota
  8. Another Failed Effort to Remove a Ripoff Report Posting–Karnaby v. Mckenzie
  9. Another Bad Ruling for PissedConsumer on Trademark and 47 USC 230 Claims–Amerigas v. Opinion Corp.
  10. CYBERsitter Sues Google for AdWords Trademark Infringement
  11. Section 230 Doesn’t Protect Employer From Negligent Supervision Claim–Lansing v. Southwest Airlines. Warning: Ugly Opinion
  12. First Post-Viacom 512(c) Opinion Doesn’t Look Much Different–Obodai v. Demand Media
  13. Recap of the Fourth Trademark Scholars Roundtable at DePaul University
  14. Nathenson on Teaching Internet Law
  15. More Evidence That the Initial Interest Confusion Doctrine is Dying–Dwyer v. Sensocon
  16. University of Alabama Can’t Stop Paintings of Famous Crimson Tide Football Moments–University of Alabama v. New Life Art
  17. Bank Can’t Use Facebook for Service of Process — Fortunato v. Chase Bank
  18. State Privacy Claims not Preempted by ECPA — Leong v. Carrier IQ
  19. Court Orders Facebooking Juror to Disclose Additional Facebook Posts–Juror No. 1 v. Superior Court
  20. Trademark Registrant Isn’t Required to Shut Down Competitive Keyword Advertisers–STK v. Backrack
  21. Plaintiffs Squeak Past Motion to Dismiss in Amazon P3P Case – Del Vecchio v. Amazon
  22. Backpage Gets TRO Against Washington Law Attempting to Bypass Section 230–Backpage v. McKenna
  23. Satirical Anti-Birther Blog Post Protected by DC’s Anti-SLAPP Law–Farah v. Esquire
  24. “Hot Topics in Internet Law” Talk Slides
  25. Accessing an Employee’s Facebook Posts by “Shoulder Surfing” a Coworker’s Page States Privacy Claim — Ehling v. Monmouth Ocean Hosp.
  26. Java APIs Aren’t Copyrightable–Oracle v. Google (Guest Blog Post)
  27. PissedConsumer Denied Section 230 Immunity and Can’t Shake Extortion Claim—Vo v. Opinion Corp.

May 2012

  1. Is SOPA’s “Follow the Money” Meme Infecting Anti-Spam Litigation? – Project Honey Pot v. Does
  2. Illinois Supreme Court Says Woman Deceived by Fake Online Relationship Can’t Sue for Misrepresentation -– Bonhomme v. St. James
  3. Google Wins Trade Secret Lawsuit Over Ill-Fated Coffee Meeting–Booloon v. Google
  4. First Circuit Rejects Data Insecurity Claims on the Basis of Article III Standing–Katz v Pershing
  5. LLC Members in Online Store Venture Bound by Partnership Fiduciary Duties — Health and Body Store v. Justbrand Limited
  6. What Are Appropriate Compensatory Damages for 3 Fake Competitor Reviews? The Surprising Answer–Fireworks Restoration v. Hosto
  7. Facebook Post and Blog Entry About Judicial Endorsement Held to be Defamatory — Lewis v. Rapp
  8. Doctors’ Online Reputation Management and Patient Reviews (Talk Notes from ASAPS Annual Meeting)
  9. Trademark Trolling by SEO Consultant Provides Cautionary Anti-SOPA Tale (and Other Lessons)–Premier Pool Management v. Lusk
  10. Groupon Defeats Trademark Challenge–Groupion v. Groupon
  11. Granick on CISPA’s Deficiencies (With Some of My Own Comments)
  12. A Twitter Exception for Defamation?
  13. The Dangerous Meme That Won’t Go Away: Using Copyright Assignments to Suppress Unwanted Content–Scott v. WorldStarHipHop
  14. New York Judge *Slams* Bittorrent Copyright Plaintiffs – K-Beech; Malibu Media; and Patrick Collins v. Does
  15. An Unmasking Effort Gets Gutted Some More – Art of Living Foundation v. Does
  16. Topix Protected by 47 USC 230–Price v. Gannett
  17. Franchisor Really, Really Unhappy With Franchisee’s Co-Promotion With a Topless Bar–Capriotti’s v Taylor
  18. Comments on the Ninth Circuit’s En Banc Ruling in U.S. v. Nosal
  19. Hermès Obtains (Ex Parte) $100M Award Against Alleged Counterfeiters–Hermès v. Does
  20. New Essay: The Irony of Privacy Class Action Lawsuits

April 2012

  1. Comments on the Megaupload Prosecution (a Long-Delayed Linkwrap)
  2. 512(f) Plaintiff Can’t Get Discovery to Back Up His Allegations of Bogus Takedowns–Ouellette v. Viacom
  3. Fourth Circuit Slams Juror’s Use of Wikipedia—US v. Lawson
  4. Facebook “Likes” Aren’t Speech Protected By the First Amendment–Bland v. Roberts
  5. MySpace Profile and Friends List May Be Trade Secrets (?)–Christou v. Beatport
  6. Misuse of Family Photograph by Photo Studio Supports Misappropriation Claim–Lee v. Picture People
  7. Internet Intermediary Law Slides from Stanford Guest Lecture
  8. Court Orders Disclosure of Psychic Chat Records in Retaliation Case – Glazer v. Fireman’s Fund
  9. SuperPoke! Pets Virtual Gold Dispute Worth Over $5 Million–Abreu v. Slide
  10. Circumstantial Authentication Strikes Again in a MySpace Evidence Case — State v. Tienda
  11. Cautionary Tale for Settling Trademark Cases–Tormented Souls v. Tormented Souls Motorcycle Club
  12. Facebook Beats Class Certification in Click Fraud Case
  13. Texas Ruling Shows the Benefits We’d Get From a Federal Anti-SLAPP Law–American Heritage Capital v. Gonzalez
  14. MapleStory Enforcement Action Leads to Ridiculously Large Anti-Circumvention Damages–Nexon v. Kumar
  15. Terminating an NFL Player’s Endorsement Agreement for Polemic Tweets May Be Contract Breach–Mendenhall v. Hanes
  16. “Social Media and Trademark Law” Talk Notes
  17. Lawsuit From Huffington Post Unpaid Contributors Gets the Boot – Tasini v. AOL
  18. Parents’ Lawsuit Against Apple for In-App Purchases by Minor Children Moves Forward — In re Apple In-App Purchase Litigation
  19. Fourth Circuit’s Rosetta Stone v. Google Opinion Pushes Back Resolution of Keyword Advertising Legality Another 5-10 Years
  20. Actress Suing IMDB Can Assert Claim Based on Privacy Policy – Hoang v. Amazon.com, Inc.
  21. AdKnowledge Denied 47 USC 230 Immunity (Again)–Chang v. Wozo
  22. Courts Struggling Needlessly With Online Contracting Practices (Guest Blog Post)
  23. Second Circuit Ruling in Viacom v. YouTube Is a Bummer for Google and the UGC Community
  24. Tough Mudder Gets Its Hands Dirty in Trade Dress Fight (Guest Blog Post)
  25. Data Security Breach Settlement Class of 130M Individuals Has 11 Claimants (at a Cost of $160k Per)–In re Heartland Payment Systems
  26. Users Can’t Sue Sony for Changing Online Terms to Require Arbitration – Fineman v. Sony Network Entertainment
  27. Brief Brand Reference in TV Ad Constitutes Trademark Dilution–Louis Vuitton v. Hyundai

March 2012

  1. Lawsuit Against Google for Putting Search Queries in Referral URLs Moves Forward – Gaos v. Google
  2. What Do Soymilk and Nutella Have to Do With an Online Harassment Case?–Taylor v. Texas
  3. Facebook Posts Complaining About Supervisor Conduct do Not Support Retaliation Claim – DeBord v. Mercy Health System
  4. Lawsuit Against Avvo for Lawyer’s Profile Dismissed as SLAPP–Davis v. Avvo
  5. Emailing the URL of an Allegedly Defamatory Post Immunized by 47 USC 230–Shrader v. Biddinger
  6. Seventh Circuit: No Private Cause of Action Under the Video Privacy Protection Act for Failure to Purge Information–Sterk v. Redbox
  7. Qwest Gets Mixed Rulings on Contract Arbitration Issue—Grosvenor v. Qwest & Vernon v. Qwest
  8. No Breach of Contract Claim from Mid-Stream Change of WSJ Online Pricing – Lebowitz v. Dow Jones
  9. Trademark Lawsuit Over Website Text Comparing Products Baffles the Judge–AR Pillow v. Cottrell
  10. Jan.-Feb. 2012 Quick Links, Part 6 (Privacy and more)
  11. Another 512(f) Claim Fails–Ouellette v. Viacom
  12. Suspension for Facebook/YouTube Rap Video Critical of High School Coach Does not Violate First Amendment – Bell v. Itawamba County School Board
  13. Irrational Copyright Lawsuit Over “Pi Symphony” Gets Sliced–Erickson v. Blake
  14. Text Spam Class Action Against Jiffy Lube Moves Forward – In re Jiffy Lube Int’l, Inc., Text Spam Litigation
  15. Facebook’s “Browsewrap” Enforced Against Kids–EKD v. Facebook
  16. Facebook Faces Jurisdictional Hurdle in its Trademark Lawsuit Against Faceporn–Facebook v. Pedersen
  17. TheDirty Gets Its First 47 USC 230 Win–S.C. v. Dirty World
  18. Jan.-Feb. 2012 Quick Links, Part 5 (Advertising, Consumer Reviews & Search Engines)
  19. Another Newspaper Isn’t Liable for User Website Comments Per 47 USC 230–Spreadbury v. Bitterroot Library
  20. Jan.-Feb. 2012 Quick Links, Part 4 (Evidence Edition)
  21. Jan.-Feb. 2012 Quick Links, Part 3 (Defamation/Content Regulation Edition)
  22. Justin.tv Mostly Eliminates Zuffa’s Trademark and Communications Act Claims Over User-to-User Live Video Streaming
  23. Group Text Services Grapple with TCPA Class Actions
  24. Fake Political Attack Video Doesn’t Violate Lanham Act–Ron Paul v. Does
  25. Jan.-Feb. 2012 Quick Links, Part 2 (Trademarks, Patents, Trade Secrets, Innovation Edition)
  26. Jan.-Feb. 2012 Quick Links, Part 1 (Copyright Edition)
  27. Facebook and Zynga Privacy Litigation Dismissed With Prejudice [Catch up Post]
  28. StubHub Gets Section 230 Immunity from Anti-Scalping Laws Because Users Set Prices–Hill v. StubHub
  29. Wikipedia Edits Support Defamation Claim–Pitale v. Holestine
  30. Tea Partiers Wage War Against Each Other Over a Google Groups Account–Kremer v. Tea Party Patriots
  31. Facebook, Google and Lexis-Nexis Get 47 USC 230 Immunity in a Bizarre Case Involving a Missing Sex Toy–Gaston v. Facebook

February 2012

  1. Healthcare Data Breach Victims’ Lawsuit Tossed When They Can’t Show Harm–Paul v. Providence
  2. California Appeals Court Says Emails That Don’t Identify Sender Violate State Spam Statute – Balsam v. Trancos
  3. Reidentification Theory Doesn’t Save Privacy Lawsuit–Steinberg v. CVS Caremark
  4. Reputation Management Lawsuit Is Shot Down–Bernard v. Donat
  5. Banning Sex Offenders from Social Networking Sites is Unconstitutional–Doe v. Jindal
  6. RadioShack May Be Liable for Accessing Images from Recycled Customer Cellphone — Steele v. RadioShack
  7. Courts Continue to Grapple with Discovery Disputes Around Social Networking Evidence
  8. Facebook Gets Decisive Win Against Pseudo-Competitor Power Ventures — Facebook v. Power Ventures
  9. Another Data Loss Case Tossed on Article III Grounds–Whitaker v. Health Net
  10. Posting Family Photos to Facebook With Snarky Comments Isn’t Harassment of Family Member — Olson v. LaBrie
  11. Talk Notes: Death of the Initial Interest Confusion Doctrine?
  12. Employee Wins Harassment Claim Based in Part on Co-Workers’ Offsite Blog Posts–Espinoza v. Orange
  13. Roommates.com Isn’t Dealing in Illegal Content, Even Though the Ninth Circuit Denied Section 230 Immunity Because It Was
  14. Are You Kinning Me? Microsoft Beats Trademark Lawsuit Over Kinect–Kinbook v. Microsoft
  15. Comments on Twitter’s Country-by-Country Tweet Removal Announcement
  16. Vendor Fails to Form Either an Online or Paper Contract With Customers–Kwan v. Clearwire

January 2012

  1. Court Denies Kravitz’s Motion to Dismiss PhoneDog’s Amended Claims — PhoneDog v. Kravitz
  2. Judge Can’t Decide if Facebook’s User Agreement is a Browsewrap, But He Enforces It Anyways–Fteja v. Facebook
  3. Newspaper Isn’t Liable for User Website Comment Per 47 USC 230–Delle v. Worcester T&G
  4. Top Internet Law Developments of 2011
  5. Federal Prosecution Over “Threats” on Craigslist – US v. Stock
  6. Facebook Boasts/Taunts Undermine the Legal Defense for a Fight at a House Party–In re DLW
  7. Comments on United States vs. Jones: What’s Old is New Again (Guest Blog Post)
  8. Comments on the Golan v. Holder Supreme Court Ruling (Guest Blog Post)
  9. Photobucket Qualifies for the 512(c) Safe Harbor (Again)–Wolk v. Kodak
  10. Connecticut Supreme Court Says no Error in Admission of Facebook Photos at Probation Hearing — State v. Altajir
  11. Google Gets Significant Win in AdWords/Parked Domains Case
  12. Just How Egregiously Must a Trademark Plaintiff Act Before a Court Awards Attorneys’ Fees to the Defendant?–1-800 Contacts v. Lens.com
  13. Third Circuit Says Data Breach Plaintiffs Lack Standing Absent Misuse of Data — Reilly v. Ceridian
  14. Egregious/Overreaching Ex Parte Orders for Rightsowners Keep Coming — Deckers and Richemont
  15. Copyright Doe Defendant Can’t Quash Disclosure Subpoena Anonymously—Hard Drive Productions v. Does (Guest Blog Post)
  16. Attempted Trademark Workaround to 47 USC 230 Immunity Fails Badly—Ascentive v. PissedConsumer [Catch-Up Post]
  17. Some Thoughts About Google Search Plus Your World (SPYW)
  18. An Update on PhoneDog v. Kravitz, the Employee Twitter Account Case
  19. TheDirty Denied 47 USC 230 Immunity–Jones v. Dirty World
  20. Mass Ct: ZIP Code is Personal Identification Info Under Credit Card Statute But Plaintiff Must Still Allege Harm — Tyler v. Michaels Stores
  21. Updates on Transborder Copyright Enforcement Over “Grandma Got Run Over by a Reindeer”–Shropshire v. Canning
  22. Trademark Owner Can’t Hold GoDaddy Liable for Domain Name Forwarding — Berhad v. GoDaddy
  23. Did a Court Eliminate 512(h) Subpoenas?–Maximized Living v. Google
  24. SOPA/PROTECT-IP/OPEN Linkwrap #2
  25. Nov.-Dec. 2011 Quick Links, Part 3
  26. Keyword Advertiser Mostly Defeats Trademark Lawsuit–Scooter Store v. SpinLife
  27. Nov.-Dec. 2011 Quick Links, Part 2 (Extended IP Edition)
  28. I’m Not a Fan of this Craptastic Trademark Lawsuit–Fancaster v. Comcast
  29. Nov.-Dec. 2011 Quick Links, Part 1
  30. UGC Website Hit With Spoliation Sanctions–Io v. GLBT

2011 336

December 2011

  1. Ripoff Report May Be “Appalling,” But It Still Gets 47 USC 230 Immunity–Giordano v. Romeo
  2. Why Are Korean Copyright Owners Suing an Australian Infringer in San Jose, California?
  3. Another Set of Parties Duel Over Social Media Contacts — Eagle v. Sawabeh
  4. UMG v. Shelter Capital: A Cautionary Tale of Rightsowner Overzealousness
  5. Infringing Download Without Further Infringement Only Supports Lost License Fee–Real View v. 20-20
  6. Academic Literature Recap, Q4 2011
  7. Old School Spam Plaintiff Rebuffed in the Ninth Circuit
  8. Hyundai Gets a Pass from the FTC on Endorsement Issues, in Part Due to Its Social Media Policy
  9. Twelve Comments Filed in Response to Copyright Office Proposal to Amend 512 Designation Requirements
  10. Facebook “Sponsored Stories” Publicity Rights Lawsuit Survives Motion to Dismiss–Fraley v. Facebook
  11. More on Ex Parte Cutoffs of Foreign “Rogue” Domain Names
  12. Does the House Judiciary Committee Debating SOPA Know What’s Going On In the Courts?–Philip Morris v. Jiang
  13. If You Dislike SOPA, You’ll Dislike This Case Too–True Religion v. Xiaokang Lei
  14. Text Spam Lawsuit Against Citibank Moves Forward Despite Vague Allegations of Consent — Ryabyshchuk v. Citibank
  15. “Economics of Privacy” Conference Recap
  16. Facebook Evidence Suppressed in Skater Brawl Prosecution–People v. Bignone
  17. The OPEN Act: Significantly Flawed But More Salvageable Than SOPA/PROTECT-IP
  18. Employee’s Claims Against Employer for Unauthorized Use of Social Media Accounts Move Forward–Maremont v. SF Design Group
  19. I Don’t Heart SOPA or PROTECT-IP: A Linkwrap
  20. Trademark Lawsuit Against Groupon Isn’t Going Well–Groupion v. Groupon
  21. Ad Network Avoids Contributory Copyright Infringement for Serving Ads to a Rogue Website–Elsevier v. Chitika
  22. Facebook’s Trademark Enforcement Effort Against “Faceporn” Hits Jurisdictional Snag — Facebook v. Pedersen
  23. The Cookie Crumbles for Amazon Privacy Plaintiffs – Del Vecchio v. Amazon
  24. Spiritual Group’s Attempt to Unmask Online Critics Goes South–Art of Living Foundation v. Does
  25. Medical Justice Capitulates by “Retiring” Its Anti-Patient Review Contracts

November 2011

  1. Fraud Allegations Don’t Trump 47 USC 230–Hopkins v. Doe
  2. Pennsylvania Court Orders Personal Injury Plaintiff to Turn Over Facebook Password to Defendant — Largent v. Reed
  3. Facebook Settles With the FTC — In re Facebook, Inc.
  4. Court OKs Private Seizure of Domain Names Which Allegedly Sold Counterfeit Goods–Chanel, Inc. v. Does
  5. Dangerous Copyright Office Proposal to Undercut the DMCA Online Safe Harbors
  6. Redbox Can be Liable Under the Video Privacy Protection Act for Failure to Purge Video Rental Records — Sterk v. Redbox
  7. eBay Gets 47 USC 230 Dismissal of Products Liability Claim–Inman v. Technicolor
  8. Court Awards Damages for Wrongful Disruption of Web Presence — Ordonez v. Icon Sky Holdings
  9. Can A Copyright Be Assigned By Email?–Hermosilla v. Coca-Cola
  10. App Developer RockYou Settles Privacy Lawsuit–Claridge v. RockYou
  11. Why I Oppose the Stop Online Piracy Act (SOPA)/E-PARASITES Act
  12. LinkedIn Beats Referrer URL Privacy Class Action on Article III Standing Grounds–Low v. LinkedIn
  13. Courts Says Employer’s Lawsuit Against Ex-Employee Over Retention and Use of Twitter Account can Proceed–PhoneDog v. Kravitz
  14. Employers Demanding the Right to Remotely Wipe Employees’ Phones?
  15. Ohio Court of Appeals: Lawyer-Plaintiff Can’t Sue for Misleading Email Ads Which he Knew Were Misleading — Cicero v. American Satelitte
  16. Australian Court Says Google Isn’t Liable for Advertiser’s Misleading Ad–ACCC v. Trading Post (Guest Blog Post)
  17. Good News/Bad News About the Number of Blogs Eligible for the 17 USC 512 Safe Harbor
  18. October 2011 Quick Links
  19. Stebbins’ Lawsuit Against Google Dismissed as “Frivolous”–Stebbins v. Google
  20. Minnesota Appeals Court Says Tracking Statute Excludes Use of GPS to Track Jointly Owned Vehicle — State v. Hormann
  21. Ninth Circuit Affirms Google’s Section 230 Win Over a Negative Business Review–Black v. Google
  22. Yahoo Partially Defeats Lawsuit Over Wrongful Account Termination–Buza v. Yahoo
  23. Call for Papers, 2nd Annual Internet Law Work-in-Progress Symposium, NYC, March 24, 2012

October 2011

  1. District Court Denies Motion to Dismiss on Reverse Domain Name Hijacking Claim — Airfx.com v. AirFX LLC
  2. Notes from HTLI Conference on Defending Against Patent Risk
  3. Publicity Rights Class Action Against Facebook Over Promotion of ‘Friend Finder’ Service Dismissed — Cohen v. Facebook
  4. Righthaven Hit With Another Fee/Cost Award, This Time Nearly $120k–Righthaven v. DiBiase
  5. In Hannaford Data Breach Case, First Circuit Says Card Replacement and ID Theft Insurance are Reasonable Mitigation Damages and Compensable–Anderson v. Hannaford Bros.
  6. Yelp Gets Complete Win in Advertiser “Extortion” Case–Levitt v. Yelp
  7. Ex-Employee Converted Social Media/Website Passwords by Keeping Them From Her Employer–Ardis Health v. Nankivell
  8. Insurance Company’s Request to Compel Production of Facebook Password Fails (with Costs)–Chauvin v. State Farm Mutual
  9. Did California Unintentionally (?) Impose New Statutory Duties on Every Blogger? A Post on the Newly Enacted California Reader Privacy Act
  10. Keyword Metatags are Back…Will Judicial Freakouts Continue?
  11. Comments on Doe v. IMDB Privacy Lawsuit
  12. Court Rejects Copyright Misuse Defense Against Apple and Affirms License Restrictions in OS X License Agreement — Apple v. Psystar
  13. Lawsuit Against Google Over Invalid Clicks and Special Partner Advertising Dismissed — Woods v. Google
  14. Q3 2011 Quick Links, Part 5
  15. Court Disregards Check-the-Box Agreement and Doesn’t Enforce Venue Clause — Dunstan v. comScore
  16. Q3 2011 Quick Links, Part 4
  17. Court Dismisses Lawsuit Under Michigan Spam Statute Based on Preemption and Lack of Standing — Hafke v. Rossdale Group, LLC
  18. Q3 2011 Quick Links, Part 3
  19. Spam Claims Covered by Contract’s Indemnity Clause–Commonwealth Marketing Group v. IMG Assocs.
  20. Google Defeats Class Certification in Keyword Ad Lawsuit–FPX v. Google
  21. Q3 2011 Quick Links, Part 2 (Trademarks/Domain Names Edition)
  22. Massachusetts Court Dismisses Lawsuit Alleging Failure to Adequately Safeguard Personal Information — Katz v. Pershing
  23. Recommended Books on Business Decision-Making Using Intellectual Property?
  24. GoDaddy Mismanages Its User Agreements–Crabb v. GoDaddy
  25. Court Nukes Another Mass Defendant File-Sharing Lawsuit — Digiprotect v. Does
  26. Ca. Court of Appeal Vacates $100,000 Non-Party Discovery Sanction Against Facebook — In re J.G.
  27. Q3 2011 Quick Links, Part 1 (Copyright Edition)
  28. 9th Cir.: ECPA Protects Non-Citizen Communications Stored in the US — Suzlon Energy v. Microsoft
  29. Article on Bypassing Geographic Content Restrictions Using Borrowed IP Addresses
  30. Re-registration of Domain Name is not a “Registration” Under the ACPA — GoPets Ltd. v. Hise
  31. New Essay on 47 USC 230(c)(2)
  32. Facebook’s Trademark Suit Against Teachbook Survives Motion to Dismiss

September 2011

  1. Pennsylvania Appeals Courts Says no to Circumstantial Authentication of Text Messages — State v. Koch
  2. Court Declines to Dismiss or Transfer Lawsuit Over @OMGFacts Twitter Account — Deck v. Spartz, Inc.
  3. Colorado Judge Drills Righthaven and Awards Attorneys’ Fees–Righthaven v. Wolf
  4. In Facebook’s Lawsuit Against Alleged Spammer, Court Denies MaxBounty’s Motion to Dismiss
  5. Stock Trading Message Board Protected by 47 USC 230–Deer Consumer Products v. Little
  6. Failure to Delete Third Party Comments Supports a Malice Finding in Defamation Case–Tanner v. Ebbole
  7. Gilbert Arenas’ Tweets Sinks His Motion to Enjoin “The Basketball Wives” — Arenas v. Shed Media
  8. iPhone Privacy Class Action Dismissed for Lack of Standing — In re iPhone App. Litigation
  9. Court Revisits and Dismisses Fair Credit Reporting Act Lawsuit Against Spokeo — Robins v. Spokeo, Inc.
  10. Copyright Preempts State Tort Claims Over Loss of Control Over Website — 78th Infantry Div. v. Oprendek
  11. Bad SEO Advice May Support Negligence Claim–D’Agostino v. Appliances Buy Phone
  12. 1st Circuit Reinstates $675,000 File-Sharing Award Against Tenenbaum — Sony BMG v. Tenenbaum
  13. Web Vendor Dispute Gets Ugly–Ground Zero Museum v. Wilson
  14. Request for Help: Doctor v. Patient Lawsuits Over Online Reviews
  15. Ninth Circuit Upholds Web Host’s Liability for Counterfeiting Retailers–Louis Vuitton v. Akanoc
  16. Patent Conference Announcement, SCU, Oct. 14 (July-Aug. 2011 Quick Links, Part 3)
  17. Lawyer Hit With $4.2 Million Judgment in Junk Fax Class Action — Holtzman v. Turza
  18. Blogger Can Display County Seal in Blog Posts–Rothamel v. Fluvanna County
  19. Reflections on the DOJ-Google Half-Billion Deal over Illegal Pharma Ads (July-August 2011 Quick Links, Part 2)
  20. Court Invalidates Agreement Governing Toyota’s Online Prank Contest — Duick v. Toyota
  21. Marijuana Activist Can’t Change His Name to “NJWeedman.com” — In re Forchion
  22. Overreactive Guidance for Social Networking Du Jour — NLRB Edition
  23. Resetting the Righthaven Fiasco (July-August 2011 Quick Links, Part 1)
  24. Seventh Circuit Awards e360 a Whopping $3 in Damages Against Spamhaus — e360 v. Spamhaus
  25. Google Gets a Good Win in the MyTriggers Lawsuit

August 2011

  1. Pillow Pets Knockoff Enjoined from Keyword Advertising–CJ Products v Snuggly Plushez
  2. Second Circuit Says No First Sale Doctrine for Works Manufactured Outside the U.S. — Wiley & Sons v. Kirtsaeng
  3. Fall 2011 Internet Law Reader and Syllabus
  4. Levi Strauss’s Trademark and Domain Name Claims May Block Unauthorized Resales — Levi Strauss v. Papikian
  5. Bev Stayart Racks Up Two More Losses–Stayart v. Yahoo and Stayart v. Google
  6. New Advertising & Marketing Law Casebook Available for Review
  7. Claims Against Mylife.com for Allegedly Luring Users to Sign up Using “Your Friend is Looking for you” Emails Proceed — Clerkin v. Mylife
  8. Mixed DMCA Online Safe Harbor Ruling in Cloud-Based Music Locker Case–Capitol v. MP3Tunes
  9. Court Affirms Robust ISP Protection For Blocking Bulk Emails — Holomaxx v. Microsoft/Yahoo
  10. Consumer Reviews at “Local” Review Sites Don’t Support Jurisdiction–Wilkerson v. RSL
  11. Deep Packet Inspection Lawsuits: NebuAd Partner ISP Wins Summary Judgment — Kirch v. Embarq
  12. Federal Geolocation Bills Differ on Scope and Damages (Guest Blog Post)
  13. Connecticut Court of Appeals Tackles Authentication of Facebook Messages — State v. Eleck
  14. Another Lawsuit over Flash Cookies Fails — Bose v. Interclick
  15. Backpage Gets 47 USC 230 Defense for Prostitution Ads–M.A. v. Village Voice
  16. Ikon Office Solutions Had no Duty to Disclose That Office Equipment Retained Data — Putnam Bank v. Ikon Office Solutions
  17. A Close Look at Missouri’s “Amy Hestir Student Protection Act” (Guest Blog Post)
  18. Racy Teen Photos Posted to Facebook Are Constitutionally Protected Speech–TV v. Smith-Green
  19. Missouri Federal Court Says LegalZoom Could be Engaged in the Unauthorized Practice of Law — Janson v. LegalZoom
  20. The 9th Circuit Tackles a Pair of Internet Jurisdiction Cases
  21. Catching Up on 4 Months of Online Copyright Cases–Myxer, Hotfile, Megaupload, Flava Works, Zediva, Blue Nile, Perfect 10, Rojadirecta
  22. Defamation Claim Over Stock Board Discussion Easily Dismissed–Desai v. Clark
  23. Zynga Wins Arbitration Ruling on “Special Offer” Class Claims Based on Concepcion — Swift v. Zynga
  24. Google Gets Default Injunction Against AdWord Gamers–Google v. Jackman
  25. TheDirty Defeats Publicity Rights Claims–Gauck v. Karamian
  26. South Dakota S.Ct Recognizes the Obvious: a Happy Birthday Message on Facebook Doesn’t Mean Much — Onnen v. Sioux Falls Independent School Dist.
  27. Idea Submission Case Revived Against MySpace–Riggs v. MySpace
  28. Sixth Circuit: Email and Phone Advocacy Campaign Can Violate the Computer Fraud & Abuse Act — Pulte Homes v. LIUNA
  29. Newspaper’s Discussion About Trademark Owner Protected as Nominative Use–1 800 GET THIN v. Hiltzik
  30. Ninth Circuit Reconsiders SEO-Destroying Injunction Against DMV.Org–TrafficSchool v. EDriver (Joint Blog Post)
  31. Logging Into Someone Else’s Facebook Account and Posting Messages on Their Friends’ Walls Could Be Identity Theft — In re Rolando S.

July 2011

  1. Court Smacks Down Koch Industries’ Attempt to Shut Down Satirical Website — Koch Industries v. Does
  2. Power.com Up For Auction — Facebook v. Power Ventures
  3. Court Rejects First Amendment Challenge to CAN-SPAM Indictment — US v. Smallwood
  4. Employee Terminated for Accessing ‘Inappropriate’ Websites not Entitled to Unemployment Benefits — Berglund v. ITI
  5. Social Media Marketing Is Relevant to Trademark Confusion Analysis–Quia v. Mattel
  6. P2P Swarm Defendants Can’t Be Joined in the Same Lawsuit — Pac. Century Int’l Ltd. v. Does
  7. Judge Ware OKs Immediate Appeal of Street View ECPA Ruling — In re Google Inc. Street View Electronic Communications Litigation
  8. The “Graduated Response” Deal: What if Users Had Been At the Table? (Co-Authored Post)
  9. Court Denies Injunction in Webcam Case Against Aarons — Byrd v. Aarons, Inc.
  10. 17 USC 512(f) Preempts State Law Claims Over Bogus Copyright Takedown Notices–Amaretto v. Ozimals
  11. Coventry First Withdraws Twittersquatting Lawsuit Against @Coventryfirst — Coventry First, LLC v. Does
  12. “Recent and Future Developments in Trademark Law” Talk Slides
  13. Mortuary Sciences College Student Disciplined for Threatening Facebook Posts–Tatro v. University of Minnesota
  14. Court Orders Plaintiff to Turn Over Facebook and MySpace Passwords in Discovery Dispute — Zimmerman v. Weis Markets, Inc.
  15. Comments on NY Highest Court Ruling on 47 USC 230–Shiamili v. Real Estate Group [Catch up post]
  16. Virginia Appeals Court Affirms Conviction for Posting Threatening Rap Lyrics on MySpace — Holcomb v. Virginia
  17. Comments on the Second Circuit Hot News Decision–Barclays v. theflyonthewall [Catch up post]
  18. “App Store” Isn’t Generic, But Apple Can’t Enforce Its Purported Trademark in the Term–Apple v. Amazon
  19. NJ Appeals Court: No Privacy Violation When Spouse Uses GPS to Track Vehicle — Villanova v. Innovative Investigations, Inc.
  20. Supreme Court Strikes Down Statute Restricting Sale and Use of “Prescriber” Data on First Amendment Grounds — Sorrell v. IMS
  21. Righthaven Defendant Awarded $3,800 in Attorneys’ Fees–Righthaven v. Leon
  22. “Can IP Be Protected in the Internet Age?” Panel Recap from Russian Economic Development Conference
  23. New Jersey Appeals Court Neuters Cell Phone Driving Statute — State v. Malone
  24. June 2011 Quick Links, Part 2
  25. Job Posting to LinkedIn Group Doesn’t Violate Non-Solicitation Clause — Enhanced Network Solutions v. Hypersonic Technologies
  26. June 2011 Quick Links, Part 1 (Copyright & Trademark Edition)
  27. Court Finds That the Value of Bartered-For Services Constitutes Loss Under the Computer Fraud and Abuse Act — Animators at Law v. Capital Legal Solutions
  28. Judge Ware: Google Not Entitled to “Readily Accessible to the General Public” Defense in Street View Class Action

June 2011

  1. Court Dismisses Misappropriation Claims Against Facebook Over Its Friend Finder Service — Cohen v. Facebook
  2. Recapping Righthaven Developments from the Past Two Weeks
  3. “Hot Topics in UGC Liability” Talk Slides
  4. San Diego County Bar Tackles Lawyer Friend Requests and the Ex Parte Rule
  5. Another Ripoff Report Win–A-1 Technology v. Magedson
  6. George Mason “Law and Economics of Search Engines and Online Advertising” Conference Recap
  7. Court Conducts in camera Review of Plaintiff’s Facebook Page to Resolve Discovery Dispute — Offenback v. Bowman
  8. What Would a Government-Operated Search Engine Look Like in the US?
  9. Employer Who Fails to Consistently Enforce Computer Usage Policy Cannot use the Policy to Justify Dismissal — Branson v. Harrah’s
  10. Bank ACH Fraud Victims Get Mixed Rulings — Experi-Metal v. Comerica Bank & Patco Constr. v. People’s United Bank
  11. A Century of Trademark Law: Looking Back and Looking Forward (Notes from my INTA Annual Meeting Talk)
  12. Injured Pedestrian Can’t Sue Google for Providing Faulty Map Information — Rosenberg v. Harwood
  13. Righthaven Benchslapped in Ruling Saying It Lacks Standing–Righthaven v. Democratic Underground
  14. Advertiser Fails in Suit Against Trademark Owner over Google Trademark Complaint–Pandora Jewelers v. Pandora Jewelry
  15. 17 USC 512(f) Claim Against “Twilight” Studio Survives Motion to Dismiss–Smith v. Summit Entertainment
  16. “Revisiting Search Engine Bias” Article Now Online
  17. Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. Does
  18. Buying Personal Names for Keyword Ads Isn’t a Publicity Rights Violation–Habush v. Cannon
  19. April-May 2011 Quick Links, Part 4
  20. Site Moderators Weren’t Agents of the Site–Cornelius v. BodyBuilding.com
  21. April-May 2011 Quick Links, Part 3
  22. Forum Selection Clause in “Submerged” Terms of Service Presumptively Unenforceable — Hoffman v. Supplements Togo
  23. NebuAd Deep Packet Inspection Lawsuits Sputter — Deering v. CenturyTel & Green v. Cable One
  24. TheDirty Defeats Privacy Invasion Lawsuit–Dyer v. Dirty World
  25. Ripoff Report Gets Another Big 47 USC 230 Win–Asia Economic Institute v. Xcentric
  26. Updates on DoctoredReviews.com and Medical Justice
  27. Yahoo! Entitled to Immunity for Disclosing User Information in Response to Subpoena — Sams v. Yahoo!

May 2011

  1. April-May 2011 Quick Links, Part 2 (Copyright Edition)
  2. April-May 2011 Quick Links, Part 1 (Trademarks and Advertising Edition)
  3. Review Website Should Get 47 USC 230 Dismissal But Judge Keeps Case Open in “Abundance of Caution”–Frontier Van Lines v. MoverReviews.com
  4. Online Insurance Application Constitutes “Writing” for Purposes of Waiving Insurance Coverage for Medical Benefits–Barwick v. GEICO
  5. Ninth Circuit: FACTA Does not Cover Emailed Receipts — Simonoff v. Expedia
  6. Cyberbullying and Restorative Justice [a Long-Delayed Post on DC v. RR]
  7. Ohio Appeals Court: GoDaddy can be Held Liable for Wrongly Transferring Control Over Domain Name and Email Accounts — Eysoldt v. ProScan
  8. Keyword Advertising and Domain Name Law Slides
  9. Copyright and Tattoos: Hangover II Injunction Denied, But the Copyright Owner Got Some Good News Too–Whitmill v. Warner Bros. (Guest Blog Post)
  10. College Course Description Aggregator Loses First Round in Fight Against Competitor in Scraping Case — CollegeSource v. AcademyOne
  11. Dentist Pays Sizable Penalty for Not Knowing 47 USC 230–Wong v. Jing
  12. Another Unhappy Facebook User’s Lawsuit Tossed–Kamango v. Facebook
  13. Massachusetts Supreme Court Finds Email Sufficiently Authenticated Based on Surrounding Evidence — Commonwealth v. Purdy
  14. Court Allows Fair Credit Reporting Act Claims Against Spokeo to Move Forward — Robins v. Spokeo
  15. Another Ruling that the Americans with Disabilities Act Doesn’t Apply to Websites–Ouellette v. Viacom
  16. Facebook User Loses Lawsuit Over Account Termination–Young v. Facebook
  17. Plaintiff Can’t be Forced to Accept Defense Counsel’s Facebook Friend Request in Personal Injury Case — Piccolo v. Paterson
  18. No Computer Fraud and Abuse Act Violation for Access of Facebook and Personal Email by Employee — Lee v. PMSI
  19. Thoughts on the Lawsuit Over the @OMGFacts Twitter Account — Deck v. Spartz, Inc.
  20. Quityerbitchin: Relative Search Results Placement Doesn’t Support Trademark Injunction–Bitchen Kitchen v. Bitchin’ Kitchen
  21. Facebook Scores Initial Win Against Privacy Plaintiffs Over Data Leakage Claims — In re Facebook Privacy Litigation
  22. Judge Refuses to Block Seattle’s Yellow Pages Opt-out Law — Dex Media v. Seattle
  23. 47 USC 230 and Message Board Cases
  24. Twitpic Modifies Terms and Claims Exclusive Rights to Distribute Photos Uploaded to Twitpic
  25. The FTC’s Proposed Settlement With Google Over Buzz Privacy Breaches
  26. Two Recent Social Media Defendants Avoid Personal Jurisdiction
  27. Court Finds Webloyalty Rewards Program Disclaimers Sufficient to Defeat Misrepresentation Claims — Berry v. Webloyalty
  28. Student Loses First Amendment Fight To Call School Officials “Douchebags” After Four Years Of Litigation–Doninger v. Niehoff (Guest Blog Post)
  29. 9th Cir: Access of Computer in Violation of Employer’s Use Policy Violates Computer Fraud and Abuse Act — US v. Nosal
  30. Flash Cookies Lawsuit Tossed for Lack of Harm–La Court v. Specific Media
  31. Another Defense-Favorable Righthaven Ruling–Righthaven v. Choudhry
  32. Ruminations on the Likelihood of Consumer Confusion Standard in Trademark Law
  33. California’s Reader Privacy Act: A First Step in a New Direction (Guest Blog Post)
  34. Maryland Supreme Court Rejects “Circumstantial Authentication” Standard for MySpace Evidence — Griffin v. Maryland

April 2011

  1. Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. UMG
  2. Department of Commerce Releases Worthless Report on Trademark Bullying
  3. Copyright Takedown Notice Isn’t Actionable Unless There’s an Actual Takedown–Amaretto v. Ozimals
  4. Jury Rejects Lawyer’s Claims Under DC’s Anti-Spam Law — CyberLaw v. Thelaw.net
  5. Court Says CAN-SPAM Plaintiff Can’t Take Second Bite at the Apple — Melaleuca v. Hansen
  6. Acknowledging Receipt of an Email Doesn’t Form a Contract–Stebbins v. Wal-Mart
  7. Videos from the 47 USC 230 Conference Now Online
  8. Google Wins Lawsuit Over Unhappy Google Search Appliance Installation–Market America v. Google
  9. Republishing Entire Newspaper Story is Fair Use–Righthaven v. CIO
  10. Blogger Gets 47 USC 230 Dismissal for Third Party Comment–Kruska v. Perverted Justice
  11. A Look at the Commercial Privacy Bill of Rights Act of 2011
  12. FTC Warns Debt Collector About Using Facebook to Contact Debtor
  13. Bulk Emailers (Mostly) Lose Three 47 USC 230(c)(2) Rulings–Holomaxx v. Microsoft/Yahoo & Smith v. TRUSTe
  14. Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach Plaintiff — Claridge v. RockYou
  15. YouTube and its Amici File Their Briefs in the Viacom v. YouTube Appeal
  16. Announcing DoctoredReviews.com, a Website Against Doctors’ Efforts to Squelch Online Patient Reviews
  17. UC Irvine Virtual World Conference Notes
  18. Court Smacks Down Lawyer Who Tries to Enforce Copyright in 23 Word Email — Stern v. Does
  19. Contacting a Person’s Facebook Friends Isn’t Stalking–People v. Welte
  20. Intelius Dodges a Bullet Over Allegedly Deceptive Online Marketing Practices — Hook v. Intelius
  21. March 2011 Quick Links, Part 3
  22. StubHub Denied Section 230 Defense in Scalping Case–Hill v. StubHub
  23. Claims that Emails were not Labeled as Ads and did not Disclose Tracking Preempted by CAN-SPAM — Martin v. CCH
  24. Republisher of Youthful Sexting Photos Avoids Liability (For Now)–Doe v. Peterson
  25. March 2011 Quick Links, Part 2
  26. Online Booksellers Get 47 USC 230 Immunity for Publisher-Supplied Marketing Collateral–Parisi v. Sinclair
  27. Court Denies Request for Discovery of Facebook and Twitter Account Information, Finding that the Request is a “Digital Fishing Expedition”
  28. March 2011 Quick Links, Part 1 (Special Copyright Edition)
  29. Trademark Owner Gets Injunction Against Keyword Ad Campaign That Generated No Sales for the Advertiser
  30. N.D. Cal.: Facebook Posts are Electronic Mail Messages, Subject to CAN-SPAM — Facebook v. Maxbounty

March 2011

  1. Defendant Succeeds On Second Attempt With a Section 230 Dismissal–Mealer v. GMAC
  2. Court Rules That Instant Message Conversation Modified the Terms of a Written Contract — CX Digital v. Smoking Everywhere
  3. Website Privacy Policy Supports Pseudonymous Poster’s Expectation of Privacy — Cornelius v. Deluca
  4. Groupon Hit With Two Lanham Act Lawsuits, and One Takes Google Along for the Ride
  5. Another Advertiser Class Action Lawsuit Filed Against Google–Woods v. Google
  6. Illinois Identity Theft Statute Partially Invalidated–People v. Madrigal
  7. Yelp Beats “Implied Extortion”/”Pay-to-Play” Lawsuit in Round #1–Levitt v. Yelp
  8. Photo Hosting Site Gets DMCA 512 Safe Harbor–Wolk v. Photobucket
  9. Judge Rader Talk Recap
  10. Ninth Circuit Upholds Anti-SLAPP Ruling for Blogger/Griper–Sedgwick v. Delsman
  11. 47 USC 230 Retrospective Conference Recap
  12. Employee’s Twitter and Facebook Impersonation Claims Against Employer Move Forward — Maremont v. Fredman Design Group
  13. FTC Online Endorsement Guidelines Strike Again – FTC Dings Legacy Learning Over Allegedly Misleading Affiliate Reviews
  14. Jury Awards Damages Against Web Designer/SEO/Host on Contributory Trademark Infringement Theory–Roger Cleveland v. Prince
  15. Intelius May be Liable for Deceptive Online Marketing Practices Based on Third Party Transaction at Checkout — Keithly v. Intelius
  16. How 47 USC 230 Improves Marketplace Efficiency
  17. Court Refuses to Set Aside Order Requiring Disclosure of Twitter Users’ IP Addresses
  18. Social Search Services Duel Over “Post Post” Mark — Boathouse Group v. TigerLogic
  19. Copyright Take-Backs? Supreme Court Grants Cert in Golan v. Holder
  20. Google Not Liable for Suggested Vanity Searches–Stayart v. Google
  21. Important Ninth Circuit Ruling on Keyword Advertising, Plus Recaps of the Past 4 Months of Keyword Ad Decisions
  22. Stanford Technology Law Review Symposium on Secondary IP Liability
  23. Jan.-Feb. 2011 Quick Links, Part 4
  24. Unsuccessful 230(c)(2) Defense for Blog Comment–Mealer v. GMAC
  25. Jan.-Feb. 2011 Quick Links, Part 3 (Trademarks, Domain Names and Trade Secrets Edition)

February 2011

  1. “Consumer Reviews of Doctors and Copyright Law” Talk Notes
  2. Jan.-Feb. 2011 Quick Links, Part 2
  3. Business Sues Facebook to Restore Its Fan Page–Complexions v. Complexions Day Spa
  4. Savvy Louisiana Ruling on Metatags–Southern Snow v. Snowizard
  5. Jan.-Feb. 2011 Quick Links, Part 1 (Copyright Edition)
  6. Florida Court Fixes Erroneous 47 USC 230 Ruling–Giordano v. Romeo
  7. Google Suffers Surprising Preliminary Loss in Keyword Advertising Case–Jurin v. Google
  8. Quirky 47 USC 230 Case Still Results in Defense Win–Coppage v. U-Haul
  9. eBay’s Venue Selection Clause Upheld in Missouri–Earll v. eBay
  10. Ripoff Report Gets Another 47 USC 230 Dismissal–Herman v. Xcentric
  11. Microsoft Adopts Google-Style Trademark Policy for Keyword Advertising
  12. Debt Collection Text May Result in Liability under the Telephone Consumer Protection Act — Gutierrez v. Barclays Group
  13. Defamation, False Information & 47 USC 230 Talk Slides
  14. California Supreme Court Rules That a ZIP Code is Personal Identification Information — Pineda v. Williams-Sonoma
  15. Comparative Domain Name and Keyword Regulation Talk Slides
  16. Second Life Forum Selection Clause Upheld–Evans v. Linden
  17. Court Dismisses Class Action Against Spokeo for Lack of Standing — Robins v. Spokeo
  18. Regulating Reputational Information Chapter Now Available
  19. Grimmelmann on “Search Neutrality”
  20. Court: Husband’s Access of Wife’s Email to Obtain Information for Divorce Proceeding is not Outrageous
  21. CA Anti-SLAPP Cases Involving Consumer Reviews as Matters of Public Concern
  22. Yellow Pages Companies Challenge Seattle Opt-out Ordinance on First Amendment Grounds
  23. Web Host May Be Liable for Removing Only 1 of 3 Websites Operated by Its Customer–Hermeris v. Brandenburg
  24. Free-to-Consumers Ad-Supported Website Isn’t Illegally Priced–Cammarata v. Bright Imperial

January 2011

  1. Speakers Announced for “47 U.S.C. § 230: a 15 Year Retrospective” Conference, March 4, SCU
  2. Private Employers and Employee Facebook Gaffes [Revisited]
  3. Another Copyright Owner Sent a Defective Takedown Notice and Faced 512(f) Liability–Rosen v. HSI
  4. Class Action Brought by “Lonely and Vulnerable” Men Against Online Cupid Site Moves Forward — Badella v. Deniro Mktg.
  5. Do Employers Really Tread a Minefield When Firing Employees for Facebook Gaffes?
  6. Top 5 Cyberlaw Developments of 2010, Plus a 2010 Year-in-Review
  7. Nursing School Can’t Expel Students for Posting Photo to Facebook–Byrnes v. Johnson County CC
  8. Ad Networks Ordered to Drop Allegedly Infringing Site–Elsevier v. eNom
  9. Second Life Gets Out of Dispute Between Virtual Bunnies & Virtual Horses
  10. Ex-Employees Awarded $4,000 for Email Snooping by Employer — Pure Power Boot Camp v. Warrior Fitness Boot Camp
  11. Internet-Proofing your Cease and Desist Letter [Revisited]
  12. thedirty.com’s 47 USC 230 Defense Rejected on Motion to Dismiss–Jones v. Dirty World Entertainment
  13. The Next Digital Decade Book Launch and Event Recap
  14. CA Appeals Court: Claims Under State Spam Statute Not Preempted by CAN-SPAM – Hypertouch v. Valueclick
  15. Court Allows Microsoft’s Claims for Contributory Cybersquatting and Dilution to Move Forward — Microsoft v. Shah
  16. Canadian-Uploaded YouTube Video Doesn’t Infringe in US–Shropshire v. Canning
  17. My 2005 Prediction of Wikipedia’s Failure By 2010 Was Wrong
  18. Keyword Advertiser Headed to Trial–Soaring Helmet v. Nanal
  19. What State Does the Harm Occur in When Adulterous Lovers Text and Email Each Other Across State Lines? — Knight v. Woodfield
  20. Search Engines Sued for Accepting Keyword Advertising on “Cheese of the Month Club” Trademark–Pathak v. ICG
  21. Court Approves TD Ameritrade Data Breach Settlement — In re TD Ameritrade
  22. Iconic TV Commercials
  23. Goldman Spring 2011 Speaking/Travel Schedule
  24. TweetPhoto (now Plixi) To Start Charging For Twitter Celeb’s Pics
  25. Contrary LinkedIn Evidence Crushes Witness’ Testimony — Blayde v. Harrah’s Entertainment
  26. Lawyer-Spam Plaintiff Loses in the Sixth Circuit Over Allegedly Misleading DISH Network Emails — Ferron v. Echostar
  27. UMG Can’t Enforce “Not for Sale” Restrictions on Promo CDs — UMG v. Augusto
  28. Ripoff Report Ordered to Stop Publishing User-Submitted Report–Giordano v. Romeo
  29. Second Life Ordered to Stop Honoring a Copyright Owner’s Takedown Notices–Amaretto Ranch Breedables v. Ozimals
  30. Nov.-Dec. 2010 Quick Links, Part 5
  31. Nov.-Dec. 2010 Quick Links, Part 4
  32. Court Rejects Constitutional Challenge to TCPA Based on Vagueness in “Prior Express Consent” Exception — Kramer v. Autobytel, Inc.

2010 262

December 2010

  1. Nov.-Dec. 2010 Quick Links, Part 3 (Special Extra-Long Copyright Edition)
  2. Hypocrisy Alert?! Expedia, a “FairSearch” Member, Marginalizes American Airlines in Its Search Results
  3. Google Files Unredacted Brief in Rosetta Stone v. Google Appeal
  4. Nov.-Dec. 2010 Quick Links, Part 2
  5. Court Rejects Agence France-Presse’s Attempt to Claim License to Haiti Earthquake Photos Through Twitter/Twitpic Terms of Service — AFP v. Morel
  6. MySpace Profile and Photo Evidence Used to Support Conviction for “Participation in Criminal Gang Activity” — State v. McCraney
  7. Ripoff Report Isn’t Bound By Injunction Against User Post–Blockowicz v. Williams
  8. Nov.-Dec. 2010 Quick Links, Part 1 (Trademarks and Advertising Edition)
  9. Deep Packet Inspection (NebuAd) Litigation: Court Dismisses ECPA Claim but CFAA Claim Continues
  10. Court Rejects Plaintiff’s Proposal of Class Notice via Twitter, SMS, and Email — Jermyn v. Best Buy
  11. Hotels Benefit When Distributors Reference the Hotel’s Trademark in Keyword Ad Copy
  12. Ninth Circuit’s Mixed Opinion in Glider/WoW Bot Case — MDY Industries v. Blizzard
  13. Domain Name Privacy Protection Services Not Liable for Failure to Disclose Identity of Alleged Spammer — Balsam v. Tucows
  14. Supreme Indecision: Costco v. Omega Gums up the (Watch)Works
  15. Starbucks Data Breach Plaintiffs Rebuffed by Ninth Circuit — Krottner v. Starbucks
  16. Viacom, FAPL and Amici File Briefs in Viacom v. YouTube Second Circuit Appeal
  17. Court Finds Juvenile Delinquent Based on Allegedly Offensive Instant Messages — In re Alex C.
  18. Court Unlocks Allegedly Infringing Domain Name Based on Ineffectual Email Service — Station Casinos, Inc. v. Murphy
  19. SEO/Web Design Consultant Faces Contributory Trademark Liability for “Copycat” E-Commerce Site–Roger Cleveland Golf v. Price
  20. Get Ready for a Rush of Facebooking Activity by Judges in Ohio
  21. Advertising & Marketing Law Syllabus for Spring 2011
  22. Court: Search of Contents of Student Cell Phone Covered by Qualified Immunity — J.W. v. Desoto County School Dist.
  23. Rosetta Stone v. Google Amicus Briefs in Support of Google
  24. Court Holds Defendant in Contempt for Failing to Scrub Trademark Use From the Internet — TDC Int’l v. Burnham
  25. Rosetta Stone v. Google Appellate Briefs: Google’s Opening Brief and Rosetta Stone’s Unredacted Brief
  26. Message Board Operator Fights Discovery Order Requiring Broad Disclosure [Update] — Concerned Citizens for Crystal City v. City of Crystal City
  27. Court Admits Google Earth Evidence, But Only for Demonstrative Purposes — State ex rel. J.B.
  28. Court Finds That Threatening Video Posted to YouTube and Facebook Can Constitute a “True Threat” — US v. Jeffries

November 2010

  1. Another Ruling Challenging “Check the Website for Amendments” Contract Provisions–Roling v. E*Trade
  2. Web Host Denied 230 Defense When It Allegedly “Actively Contributes” to Website–Kruska v. Perverted Justice
  3. Junk Fax Claim Fails Due to “Established Business Relationship” Exception — Cardinal Partners v. Fernandez Discipline
  4. Apple Gets Partial Win in Case Alleging Copyright Infringement by iPhone App — Stewart v. Apple Inc.
  5. Wildcarding Subdomains Is OK; Reverse Domain Name Hijacking Isn’t–Goforit v. Digimedia
  6. Forwarding Defamatory Email Immunized by 47 USC 230–Mitan v. A. Neumann
  7. Disclosure of the Substance of Privileged Communications via Email, Blog, and Chat Results in Waiver — Lenz v. Universal
  8. “Trends in Internet Law” Talk Slides
  9. Request for Discovery of Facebook Profile and Photos Rejected as a Fishing Expedition — McCann v. Harleysville Insurance
  10. Anti-Bot Restrictions Aren’t Copyright Misuse–Oracle v. Rimini Street
  11. Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Zen Path
  12. Melaleuca Files Second Lawsuit Following Dismissal of its CAN-SPAM Claims
  13. Holomaxx Sues Yahoo, Microsoft, and Others for Non-Delivery of Bulk Emails
  14. Amazon Isn’t Liable for Rogue Affiliate’s Keyword Ad Buys–Sellify v. Amazon
  15. Ad Networks Can’t Get 47 USC 230 Defense on Motion to Dismiss–Swift v. Zynga
  16. Job Opening: Assistant Director, High Tech Law Institute
  17. Dentist Review on Yelp Gets Partial Anti-SLAPP Protection–Wong v. Jing
  18. Twitter Clarifies Usage Rules, but AFP Still Claims Unbridled Right to Use Content Posted to “Twitter/TwitPic”
  19. Online Forum Operator Gets Easy 47 USC 230 Win–Two Plus Two v. Jacknames
  20. Another Federal Court Dismisses CAN-SPAM Claims Due to Lack of Standing – Melaleuca, Inc. v. Hansen
  21. Holding on to a Domain Name to Gain Leverage in a Business Dispute Can Constitute Cybersquatting — DSPT Int’l v. Nahum
  22. Victim’s Misstated Age on MySpace Could Contribute to Mistake of Age Defense–State v. Berry
  23. October 2010 Quick Links
  24. Spam Filter Excuse for Missing a Deadline Flies in the Northern District of Illinois — Pace et al. vs. AIG
  25. Facebook Not Liable for Account Termination–Young v. Facebook
  26. Plaintiff-Side Briefs in Rosetta Stone v. Google Appeal
  27. It May be Best to Shut Down Your Facebook Account While You are on Probation — State v. Altajir
  28. Auction Platform Protected by 47 USC 230 for a Rogue Auction–Simmons v. Danhauer

October 2010

  1. Message Board Operator Fights Discovery Order Requiring Disclosure of Identities and Private Messages — Concerned Citizens for Crystal City v. City of Crystal City
  2. Political Campaigns and Copyright Infringement
  3. My RapLeaf Profile is Amusingly Mistaken. This is What the Fuss is All About?
  4. Court Orders Disclosure of Facebook and MySpace Passwords in Personal Injury Case — McMillen v. Hummingbird Speedway
  5. Former Employee’s ‘Email Barrage’ Does Not Support CAN-SPAM or Computer Fraud and Abuse Act Claims — Nyack Hosp. v. Moran
  6. Blogger Wins Fair Use Defense…On a Motion to Dismiss!–Righthaven v. Realty One
  7. Probation Limitations on Internet and Facebook Use Violate First Amendment — In re J.J.
  8. First Sale and Exhaustion Doctrines in IP Conference, Nov. 5, SCU
  9. Shining the Spotlight on Trademark Bullies (a Long-Delayed Recap of a Trademark Scholars Roundtable)
  10. Blog Host Can’t Be Bound by TRO for User Posts (Blockowicz redux)–Bobolas v. Does
  11. Sending Politically Charged Emails Does Not Support Disturbing the Peace Conviction — State v. Drahota
  12. Class Action for Misleading Pop-up Ads Against McAfee Survives Motion to Dismiss — Ferrington v. McAfee
  13. Inflatable Giant Gorilla Attacks Google (for Copyright Infringement)–Scherba v. Google
  14. September 2010 Quick Links, Part 2
  15. Two More Courts Close the Doors on Data Breach Plaintiffs
  16. September 2010 Quick Links, Part 1 (IP Edition)
  17. Tip for Clean Living: Don’t Use a 14 Year Old’s Self-Portrait in Advertising for Porn–Lara Jade Coton v. TVX
  18. New Internet Law Work-in-Progress Series
  19. Seventh Circuit Tosses Beverly Stayart’s False Endorsement Claims–Stayart v. Yahoo

September 2010

  1. StubHub Can’t Beat Tax Collection Obligation Using 47 USC 230–Chicago v. StubHub
  2. Deleted Facebook and MySpace Posts Are Discoverable–Romano v. Steelcase
  3. Washington Anti-Online Gambling Law Survives Dormant Commerce Clause Challenge — Rousso v. State
  4. New York Court Dismisses Putative Class Action Brought Under California Spam Statute — Bank v. Hydra Group, LLC
  5. Availability of Client Data on LinkedIn, Facebook, and Google Sinks Trade Secrets Claim — Sasqua Group v. Courtney
  6. Georgia Pacific’s Effort to Control Towel Dispenser Refills Fails in 8th Circuit–Georgia Pacific v. Myers Supply (Guest Blog Post)
  7. Reunion.com Back to District Court — Hoang et al v. Reunion.com Inc
  8. Anti-Scraping Lawsuit Largely Gutted–Cvent v. Eventbrite
  9. Fifth Circuit Blesses Vistaprint’s Rewards Program Sign-Up Process — Bott v. Vistaprint USA Inc.
  10. Software Vendor Trumps First Sale Doctrine via License–Vernor v. Autodesk
  11. Company Not Responsible for Harassive Comments by Coworker on Personal Facebook Page — Amira Jabbar v. Travel Services
  12. Yelp Wins 47 USC 230 Dismissal of Dentist’s Lawsuit–Reit v. Yelp
  13. Google Gets Good Results in Three AdWords Trademark Cases (Jurin, Flowbee, Dazzlesmile)
  14. Veteran Spam Plaintiff Abandons Spam Lawsuit — Asis Internet v. Subscriberbase
  15. Google Settles Buzz User Privacy Litigation
  16. Portalization of Google, Redux
  17. Online Ticket Resellers Get Significant 47 USC 230 Win–Milgram v. Orbitz
  18. July-August 2010 Quick Links, Part 2
  19. July-August 2010 Quick Links, Part 1
  20. Texas AG Investigating Google Search, and I Have Questions. The Biggest: Are You Kidding Me???
  21. P2P Gambling Site is Illegal Bookmaker–Betcha v. Washington
  22. Runescape Publisher Denied Preliminary Injunction Against Maker of Auto-Player Software — Jagex Ltd. v. Impulse Software
  23. Griping Patient Goes Too Far Posting Fake Content in Doctor’s Name–Eppley v. Iacovelli

August 2010

  1. Broadcaster Gets 230 Defense for Readers’ Website Comments–Miles v. Raycom
  2. FTC Dings PR Firm for Fake Reviews — In re Reverb Communications
  3. Internet Rewards Program Class Action Survives Initial Motion to Dismiss — In re Easysaver Rewards
  4. Ghostwritten Attorney Newsletter is an “Ad” for TCPA Junk Fax Law Purposes–Holtzman v. Turza
  5. Google Avoids Liability for Failed Google Search Appliance Installation–Market America v. Google
  6. Selling Replacement Supplies Could Constitute Contributory Trademark Infringement–Georgia Pacific v. Von Drehle (Guest Blog Post)
  7. 47 USC 230 Preempts Sponsorship/Endorsement Liability–Black v. Google
  8. The Problems With Google House Ads
  9. “Electronically Printed” Does not Include Automated Merchant Email — Shlahtichman v. 1-800 Contacts
  10. Creation of False Blog and LinkedIn Account Targeting Utah Resident Supports Personal Jurisdiction in Utah — Buckles v. Brides Club, Inc.
  11. Facebook Friendship May Undermine University Disciplinary Board Decision — Furey v. Temple Univ.
  12. New Anti-Libel Tourism Act (HR 2765) Extends 47 USC 230 to Foreign Judgments
  13. July 2010 Quick Links, Part 1 (IP Edition)
  14. Ca. Appeals Ct. Affirms Conviction For Fake MySpace Emails Intended to Influence Custody Dispute — People v. Heeter
  15. Google Liberalizes Its European Trademark Policy
  16. Web Host Gets Easy 47 USC 230 Win in Catfight–Johnson v. Arden
  17. 9th Cir. Smacks Down AOL’s Advertising.com Trademark as Likely Generic — Advertise.com v. AOL
  18. Google Gets Complete Win in Rosetta Stone Case
  19. Baidu Can Maintain Negligence Claims Against Register.com for Lax Security Practices Which Allegedly Facilitated Cyber-Attack – Baidu v. Register.com

July 2010

  1. Ripoff Report Defeats Extortion Claim, But Plaintiffs Keep Trying–AEI v. Xcentric
  2. Google Protected by 17 USC 512(d) for Links to Infringing Content; Perfect 10’s Takedown Notices Were Mostly Insufficient
  3. Internet Law Syllabus and Reader for Fall 2010
  4. E-SIGN Prevents Enforcement of Emailed Contract Terms–Buckles v. Investordigs
  5. Yet Another TM Owner Gives Up Against Google–Ezzo v. Google
  6. Private Facebook Group’s Conversations Aren’t Defamatory–Finkel v. Dauber
  7. Facebook’s Anti-Spam Filter Blocks Legitimate Conversations about Power.com
  8. Judge Denies Facebook’s Request for Judgment on the Pleadings and Strikes Power.com Counterclaims — Facebook v. Power.com
  9. Book Review: Building Web Reputation Systems by Farmer & Glass
  10. Online Video Publisher Learns Why You Should Register Your Copyrights Early–LTVN v. Odeh
  11. eBay Venue Selection Clause Upheld in Texas
  12. Funky Ninth Circuit Opinion on Domain Names and Nominative Use–Toyota v. Tabari
  13. AOL’s Disclosure of Search Data May Support Claims Under California Law
  14. Copyright Statutory Damages Award Violates Constitutional Due Process–Sony v. Tenenbaum
  15. Q2 2010 Quick Links Part 3 (Special Facebook Edition)
  16. Online Sports Ticketing Exchange Wins Dismissal Under Website User Agreement — Duffy v. The Ticketreserve, Inc.
  17. Griper Gets Attorneys’ Fees After Successful Defense–Career Agents v. Careeragentsnetwork.biz
  18. Q2 2010 Quick Links Part 2
  19. Scribd Can’t Shake Copyright and Publicity Rights Lawsuit on Motion to Dismiss–Williams v. Scribd
  20. Puzzling 9th Circuit Dilution Opinion Over eVisa.com–Visa v. JSL
  21. Q2 2010 Quick Links Part 1 (Content Regulation Edition)
  22. Idaho District Court Dismisses CAN-SPAM Claims Due to Non-ISP Status — Melaleuca, Inc. v. Hansen
  23. OECD Project on Internet Intermediaries, Part 2
  24. Recent Anti-SLAPP Developments

June 2010

  1. Must-Read Empirical Study of 47 USC 230 Jurisprudence by David Ardia
  2. Payment Service Providers May Be Liable for Counterfeit Website Sales–Gucci v. Frontline
  3. Steps to ‘Internet-Proof’ Your Cease and Desist Letter
  4. The FTC Dings Twitter’s Security Practices — What Does This Mean for Everyone Else?
  5. YouTube Gets Decisive Win in Viacom/FAPL Case
  6. My OECD Position Paper Lauding 47 USC 230 (OECD Project on Internet Intermediaries, Part 1)
  7. Three Gripers Get Disadvantageous Jurisdictional Appellate Rulings in Defamation Cases
  8. Use of Multiple (Even Random or Garbled) Domain Names to Bypass Spam Filter Does not Violate Cal. Spam Statute — Kleffman v. Vonage
  9. No Wrath in this Quon–Ontario v. Quon
  10. MySpace Photo and Internet Gang Roster Evidence Improperly Admitted — People v. Beckley
  11. Judge Kocoras Cuts Down $11MM Award Against Spamhaus to $27,000 — e360 v. Spamhaus
  12. West Virginia Appeals Court Grants New Trial Based in Part on Undisclosed MySpace Friendship — State v. Dellinger
  13. Craigslist Loses 230 Defense to Promissory Estoppel Claim–Scott P. v. Craigslist
  14. Google Can’t Shake Cybersquatting Claim–Vulcan Golf v. Google
  15. Judge Offers to Facebook ‘Friend’ Witnesses in Order to Resolve Discovery Dispute — Barnes v. CUS Nashville
  16. Google Street View Litigation Mania–Seven Class Action Lawsuits and Counting
  17. Another Trademark Owner Apparently Gives Up Lawsuit Against Google–Parts Geek v. US Auto Parts
  18. Google Sued for Click Fraud for the First Time in Years–123 Lock and Key v. Google
  19. Contributory Copyright Infringement Claim May Need Direct Infringer as a Defendant to Succeed–Miller v. Facebook
  20. 9th Circuit Affirms Rejection of Data Breach Claims Against Gap — Ruiz v. Gap
  21. April-May 2010 Quick Links Part 1 (IP Edition)
  22. Facebook Messages/Wall Posts, Civil Discovery, and the Stored Communications Act — Crispin v. Audigier

May 2010

  1. MySpace Evidence: Maryland Appeals Court Allows Circumstantial Authentication — Griffin v. Maryland
  2. EFF Weighs in on Facebook v. Power Ventures — Facebook v. Power Ventures
  3. Beacon Class Action Lawyers Awarded $2.3MM in Fees — Lane v. Facebook
  4. Life May Be “Rad,” But This Trademark Lawsuit Isn’t–Williams v. CafePress.com
  5. Steps Brand Owners Can Take to Deal With Brandjacking on Social Networks
  6. A First Look by Tom McCarthy at the Sixth Circuit’s 2010 Victoria’s Secret Tarnishment Decision [Guest Blog Post]
  7. Twitter May Allow Competitors to Purchase Trademarks as Keywords for Sponsored Tweets
  8. Second Circuit Stays Hot News Injunction–Barclays v. theflyonthewall
  9. CAN-SPAM Plaintiff Slammed With $800K Attorney Fee Award — Asis Internet v. Optin Global
  10. Web-based Email Bombardment Campaign Does Not Amount to a Violation of the Computer Fraud and Abuse Act — Pulte Homes, Inc. v. LiUNA
  11. How Much Does 1-800 Contacts Hate Competitive Keyword Advertising? $1.1M Worth!?
  12. A Jury Verdict That Competitive Keyword Advertising Isn’t Trademark Infringement–College Network v. Moore
  13. FTC Busts Check-Issuing Website for Unfair Practices–FTC v. Qchex
  14. MySpace Profile Evidence Inadmissible to Show Defendant Committed ‘Gangster Style’ Robbery — U.S. v. Phaknikone
  15. LimeWire Smacked Down for Inducing Copyright Infringement–Arista Records v. Lime Group
  16. 4th Cir.: No Expectation of Privacy in Internet and Phone Subscriber Info — U.S. v. Bynum
  17. Internet Access Provider & Blocklist Publishers Denied 230(c)(2) Immunity for Anti-Spam Efforts
  18. Geographic Trademark Leads to Interesting (& Tortured) Injunction–Skydive Arizona v. Quattrocchi
  19. Updates to the Outed Judge-Commenter’s Lawsuit Against the Plain Dealer — Saffold v. Plain Dealer
  20. Brazil’s Proposed Internet Regulation–an Update (That’s Actually Good News) (Guest Blog Post)
  21. Asis Internet Awarded $2.5mm on CAN-SPAM Claims — Asis Internet v. Rausch
  22. Troubling Ruling About 47 USC 230 and Moderators–Cornelius v. DeLuca
  23. Agence France-Presse Claims Twitter’s Terms of Use Authorize Its Use of Photographs Posted to TwitPic — Agence France-Presse v. Morel
  24. Proposed Internet Regulation in Brazil Might Curb Online Speech (Guest Blog Post)
  25. Email Header Information Claim Preempted by CAN-SPAM, But Subject Line Claim Not Preempted — Asis Internet Servs. v. Member Source Media, LLC
  26. Facebook Gets Partial Win in Click Fraud Lawsuit

April 2010

  1. Website Gets 230 Immunity Despite Claim of Site Content Accuracy–Milo v. Martin
  2. Online Defamation Action Can Have Only One Defendant–Novins v. Cannon
  3. Record Album Only Supports One Statutory Damages Award–Bryant v. Media Right
  4. Interesting Database Scraping Case Survives Summary Judgment–Snap-On Business Solutions v. O’Neil
  5. Amazon Wins Keyword Advertising Suit–Video Professor v. Amazon
  6. Beverly Stayart Strikes Again! This Time, Stayart Sues Google
  7. FTC Drops Investigation of Advertiser Who Gave Gifts to Bloggers
  8. Upcoming Talks Spring 2010
  9. Spammer Convicted on Wire Fraud Charges — United States v. Diamreyan
  10. Online Publishers, Advertising and Privacy Considerations
  11. Reunion.com Revisited Again: Claims Under CA Spam Law Not Preempted by CAN-SPAM — Hoang v. Reunion.com
  12. FTC Endorsement and Testimonials Guidelines Notes from SMX West
  13. Yahoo! Chat Logs Admitted Over Defendant’s Objections Based on Eavesdropping Statute — People v. Nakai
  14. Google Sued for Publishing Home Address–Harris v. Google
  15. Google Successfully Transfers Another AdWords Case to California–Parts Geek v. US Auto Parts
  16. Ninth Circuit Applies California law to Domain Name Ownership Dispute and Remands for Determination of Whether “Innocent Purchaser” Defense Applies — CRS Recovery, Inc. v. Laxton
  17. Veoh Denied Attorneys’ Fees in UMG v. Veoh. Does FRCP 68 Apply to Copyright Cases?
  18. Ochoa on the Legacy of the Statute of Anne
  19. Unmasked Judge/Commenter Sues Newspaper for $50mm — Saffold v. Plain Dealer
  20. “Mistake of Age” Defense When a Sexual Abuse Victim Inflated Her Age on MySpace
  21. In Aggregation Case, Israeli Court Says Online Ads Aren’t Copyrightable (Guest Blog Post)
  22. Fourth Circuit: Email, ECF, and Domain Name Woes do not Excuse Failure to Respond to Summary Judgment Motion — Robinson v. Wix Filtration
  23. Facebook Preliminarily Wins Copyright Lawsuit over Third Party App–Miller v. Facebook
  24. 230 Protects Newspaper from Liability for Reader Comments–Collins v. Purdue
  25. N.D. Cal Rejects Preemption and Standing Defenses Against Claims Under CA Spam Statute — Asis Internet Servs. v. Subscriberbase Inc.
  26. Facebook Privacy Class Action Filed by Lanier Firm Voluntarily Dismissed — Melkonian v. Facebook
  27. eBay Mostly Beats Tiffany in the Second Circuit, but False Advertising Claims Remanded

March 2010

  1. March 2010 Quick Links
  2. Unregulating Online Harassment Essay
  3. Another Court Finds that TCPA Applies to Text Messages — Lozano v. Twentieth Century Fox Film Corp.
  4. YouTube Uploader Can’t Sue Sender of Mistaken Takedown Notice–Cabell v. Zimmerman
  5. Craigslist Wins $1.3M Default Judgment Against Autoposting Facilitator — craigslist v. Naturemarket
  6. Google Gets Favorable ECJ Opinion, But Will It Prove to Be a Hollow Victory?
  7. Plaintiff Wins $7,000 Following Bench Trial on Claims Under California Anti-Spam Statute — Balsam v. Trancos
  8. Search Engine Legal Developments to Watch in 2010
  9. Another Bad Ruling in Louis Vuitton v. Akanoc
  10. Viacom v. YouTube Summary Judgment Motions Highlights
  11. Beacon Class Action Settlement Approved — Lane v. Facebook
  12. Regulating Reputational Systems Slides
  13. Stratton Faxon v. Google Dismissed
  14. Data Anonymization and Re-identification Lecture Featuring Paul Ohm, SCU, April 7
  15. Utah Passes Nation’s First (?) Bioprospecting Regulation
  16. TradeComet v. Google Dismissed Based on Venue Selection Clause
  17. Crowdsourced Ads May Not Be Protected by 47 USC 230–Subway v. Quiznos
  18. Rescuecom Abandons Its Litigation Against Google
  19. Eighth Circuit: No Derivative Liability Under Iowa Spam Statute — Kramer v. Bartok
  20. Google Dismisses Some Claims in Jurin v. Google and Gets Some Attorneys’ Fees
  21. Why I Support HR 4364, the Proposed Federal Anti-SLAPP Bill
  22. February 2010 Quick Links
  23. Ninth Circuit: Creditor Can Execute Against Domain Name Where Registry is Located — Office Depot v. Zuccarini

February 2010

  1. Forwarding Defamatory Email with Introductory Comments Protected by 47 USC 230–Phan v. Pham
  2. Rare Ruling on Damages for Sending Bogus Copyright Takedown Notice–Lenz v. Universal
  3. Google AdWords Contract Upheld Again, Causing a Venue Transfer in Flowbee v. Google
  4. Clickthrough Agreement With Acknowledgement Checkbox Enforced–Scherillo v. Dun & Bradstreet
  5. Google Hit With Another Antitrust Lawsuit. Does It Have Microsoft Ties? Google v. myTriggers
  6. Kozinski and Goldfoot on Cyberspace Exceptionalism and Internet Regulation
  7. Ripoff Report Sues Blogger, Loses on Jurisdictional Grounds–Xcentric Ventures v. Bird
  8. Catching Up With Wikipedia
  9. Third Circuit Schizophrenia Over Student Discipline for Fake MySpace Profiles
  10. FTC Privacy Roundtable Recap
  11. Google Street View Lawsuit Revived, But Only on Trespass Grounds–Boring v. Google

January 2010

  1. January 2010 Quick Links
  2. Terri Chen Replaces Rose Hagan as Google’s Chief Trademark Counsel
  3. Utah May Repeal Its Spyware Control Act–SB 26
  4. Facebook User Agreement Upheld in Copyright Infringement Lawsuit Over Third Party App–Miller v. Facebook
  5. Google and China: Some General Thoughts
  6. Keyword Ad and Product Shots Case Survives Motion to Dismiss–FragranceNet v. FragranceX
  7. 4th Amendment Updates in the State Courts
  8. File Names Can Help Predict File Content in Child Porn Prosecution–US v. Beatty
  9. “Law & Wikis” Panel at AALS Law & Computers Section Annual Meeting
  10. Top Cyberlaw Developments of 2009 (Eric’s List)
  11. 47 USC 230 Year-in-Review for 2009
  12. Terminated eBay Vendor Gets Day in Court Against eBay–Crawford v. Consumer Depot

2009 222

December 2009

  1. 512(f) Claim Dismissed on Jurisdictional Grounds–Project DoD v. Federici
  2. Torrent Sites Induce Infringement and Lose DMCA Safe Harbor–Columbia v. Fung
  3. Consumer Review Website Wins 230 Dismissal in Fourth Circuit–Nemet Chevrolet v. ConsumerAffairs.com
  4. Pharma Company Avoids Injunction By Dropping Competitive Keyword Ads–King v. ZymoGenetics
  5. November-December 2009 Quick Links, Part 2
  6. November-December 2009 Quick Links, Part 1
  7. Ripoff Report Not Bound by Takedown Injunction Against User–Blockowicz v. Williams
  8. Website Initially Denied 230 Dismissal But Gets It on Appeal–Shiamili v. Real Estate Group
  9. Top Cyberlaw Developments of 2009
  10. Court Finds that SMS Spam Messages are Subject to the TCPA and Rejects First Amendment Defense — Abbas v. Selling Source, LLC
  11. Barnes v. Yahoo Survives Dismissal Motion on Remand
  12. When the Supreme Court gets in your inbox
  13. Online Commenter Did Not Waive Right to Anonymity by Agreeing to News Website’s Privacy Policy — Sedersten v. Taylor
  14. Another Cautionary Tale of Joint Website Ownership–TEG v. Phelps [UPDATED]
  15. Court Rejects Computer Fraud & Abuse Act Claim Based on Unsolicited Text Messages–Czech v. Wall Street on Demand
  16. Denver University “Cyber Civil Rights” Symposium Recap
  17. Is the Florida Bar Taking Facebook Friendship Too Seriously?
  18. Keyword Advertising Lawsuit Survives Motion to Dismiss on Genericness Grounds–FragranceNet v. Les Parfums
  19. Record Label Sues Google and Microsoft for Linking to Infringing Music–Blues Destiny v. Google
  20. Ninth Circuit Rebuffs Another CAN-SPAM Plaintiff — Asis Internet Services v. Azoogle.com, Inc.
  21. Competitive Keyword Advertiser Wins at Trial–Fair Isaac v. Experian
  22. Claims Brought by Express Scripts Data Breach Plaintiffs Rejected on Standing Grounds — Amburgy v. Express Scripts, Inc.
  23. Case Western “Signifiers in Cyberspace” Conference Recap
  24. “Spam Filter Ate My Electronic Filing Notice” Plaintiffs Get Another Chance — Shuey v. Schwab

November 2009

  1. MySpace Quietly Won Goofy 230 Ruling in September–Riggs v. MySpace
  2. Web Host Can Terminate Customer for Abusive Call to Customer Support–Mehmet v. Add2Net
  3. Teeth Whitening System Brings “Sue the World” Lawsuit Against Ad Agency, Competitor and Search Engines–Dazzlesmile v. Azoogle
  4. Keyword Advertising Lawsuit Survives Motion to Dismiss–Morningware v. Hearthware
  5. A Look at Twitter’s Updated Privacy Policy (November 19, 2009)
  6. Citysearch Click Fraud Class Certified–Menagerie v. Citysearch
  7. AALS Law & Computers Meeting in New Orleans
  8. Keylogger Software Company Not Liable for Eavesdropping by Ex-spouse — Hayes v. SpectorSoft
  9. Tagged Settles Spam and Address Book Harvesting Claims Brought by NY and TX Authorities
  10. Starbucks Data Breach Plaintiffs Try Their Luck in the 9th Circuit — Krottner v. Starbucks
  11. A New Way to Bypass 47 USC 230? Default Injunctions and FRCP 65
  12. Google AdWords Litigation Keeps Rolling In–Parts Geek v. US Auto Parts
  13. Law Professor Sues Over ‘Above the Law’ Blog Posts–Jones v. Minkin
  14. Court Sanctions Lawyer for Including Social Security Number and Date of Birth Information in Filing — Engeseth v. Isanti County
  15. October 2009 Quick Links

October 2009

  1. Internet Obscenity Conviction Requires Assessment of National Community Standards–US v. Kilbride
  2. Court: Prosecutors Can’t Rummage Around in a Defendant’s Gmail Account — U.S. v. Cioffi
  3. Zittrain on the Dark Sides of Crowdsourcing
  4. Tucows Not Liable for Spam Judgment Against 3rd Party Based on Private Registration Services — Balsam v. Tucows
  5. Judge Rejects Attempts by Texas Plaintiffs to Intervene in Beacon Class Action–Harris v. Facebook
  6. Google AdWords Litigation Updates–Google Adds One Lawsuit and Ends Another
  7. Power.com Counterclaims Dismissed — Facebook v. Power Ventures
  8. Facebook Not Liable for Private User Groups Per 230–Finkel v. Facebook
  9. Craigslist Isn’t Liable for Erotic Services Ads–Dart v. Craigslist
  10. Domain Names as Property Subject to Creditor Claims–Bosh v. Zavala
  11. DePaul Reputation Talk Slides
  12. Q3 2009 Quick Links, Part 4
  13. Q3 2009 Quick Links, Part 3
  14. Texas Class Action Aims to Derail Facebook Beacon Settlement–Harris v. Facebook
  15. Q3 2009 Quick Links, Part 2
  16. Q3 2009 Quick Links, Part 1
  17. Sex Predator Stung By Undercover Officer Who Self-Reported 3 Different Ages–US v. Haile
  18. A Fuller Explanation of Why the FTC Endorsement/Testimonial Guidelines Violate 47 USC 230
  19. Ochoa on the Duration of James Joyce’s Copyrights
  20. CAN-SPAM Doesn’t Preempt CA Privacy Law–Powers v. Pottery Barn
  21. Resale of International Textbooks to US Students Not Protected by First Sale Doctrine–Pearson v. Liu
  22. Vernor v. Autodesk–Does the Right to Possession Distinguish Between Sales and Licenses?
  23. Introducing Guest Blogger Venkat Balasubramani
  24. Do the FTC’s New Endorsement/Testimonial Rules Violate 47 USC 230?
  25. Ripoff Report Rolls to Another Win–Intellect Art v. Milewski
  26. Online Game Network Isn’t Company Town–Estavillo v. Sony

September 2009

  1. 1909 Copyright Act Conference Recap (five months late…)
  2. Another Copyright Owner Doesn’t Like 512(c)…and Thinks an Anti-Copying Filter is Copyright Infringing–Scott v. Scribd
  3. Person v. Google Appeal Rejected
  4. Google Confirms That Keyword Metatags Don’t Matter
  5. Israeli Judge Permits Unlicensed Sports Event Streaming—FAPL v. Ploni (Guest Blog Post)
  6. Making Sense of the $32M Contributory Trademark Infringement Judgment Against a Web Host–Louis Vuitton v. Akanoc
  7. Veoh Gets Yet Another Terrific 512 Defense Win–UMG v. Veoh
  8. Ninth Circuit Groaner About Metatags–Art Attacks v. MGA
  9. Yahoo’s Search Results Snippets Aren’t False Endorsement–Stayart v. Yahoo
  10. Employer Isn’t Liable for Employee Misuse of the Internet–Maypark v. Securitas

August 2009

  1. Lori Drew Criminal Case Ends With a Whimper
  2. Yahoo Subpoenas Expedia in American Airlines Lawsuit
  3. Why More Wikipedia Editing Restrictions Are Inevitable, and Some Comments on Flagged Revisions for Living People’s Biographies
  4. Online Retailer Isn’t Liable for User Comments–Cornelius v. DeLuca
  5. Sedgwick Claims Management v. Delsman Appealed to Ninth Circuit
  6. Private High School Not Liable for Cyberbullying–DC v. Harvard-Westlake
  7. “Sources of Uncertainty in Patent Litigation” Conference, SCU, Sept. 25
  8. Flowbee Latest Trademark Owner to Sue Google–Flowbee v. Google
  9. 2009 Cyberspace Law Syllabus and Some Comments
  10. Nursing Student’s Blog Post Doesn’t Support Expulsion–Yoder v. University of Louisville
  11. An End to Spam Litigation Factories?–Gordon v. Virtumundo
  12. State of the Net West Recap
  13. Wikipedia and Rules Proliferation
  14. Google Goes on Offensive in AdWords Trademark Lawsuit–Google v. John Beck Amazing Profits

July 2009

  1. Google Not Liable for False Ads–Goddard v. Google
  2. Google Down to 7 AdWords Lawsuits–Ascentive v. Google Voluntarily Dismissed
  3. Microsoft-Yahoo Alliance Comments
  4. Biosafe-One v. Hawks Dismissed
  5. Griping Blogger Gets Fair Use and Anti-SLAPP Win–Sedgwick v. Delsman
  6. Google Down to 8 AdWords Lawsuits–Jurin v. Google Voluntarily Dismissed
  7. AP Gets It Right and Then Overreaches–AP v. AHN
  8. Ripoff Report Hires New General Counsel
  9. 47 USC 230(c)(2) Talk Slides Draft–COMMENTS REQUESTED
  10. Lifestyle Lift Settles NYAG Claim Over Fake Consumer Reviews
  11. Republishing Third Party Ratings in Marketing Material Might Be Copyright/Trademark Infringement–Health Grades v. Robert Wood Johnson Univ. Hospital
  12. Facebook Sued for Click Fraud–RootZoo v. Facebook
  13. Ninth Lawsuit Against Google Over AdWords–Rosetta Stone v. Google
  14. “Keyword Advertising Law” Talk (New and Improved!)
  15. Mixed Ruling on Damages in Premier League v. YouTube
  16. June 2009 Quick Links, Part 2
  17. ABA Antitrust Section Consumer Protection Conference Recap
  18. June 2009 Quick Links, Part 1
  19. Seventh Lawsuit Over Google AdWords–Jurin v. Google
  20. Ninth Circuit Revives TCPA Claim–Satterfield v. Simon & Schuster
  21. MySpace Wins Another 47 USC 230 Case Over Sexual Assaults of Users–Doe II v. MySpace
  22. Securities Fraud Case Premised on Click Fraud Allegations Dismissed–Brodsky v. Yahoo

June 2009

  1. Roommates.com Infects the Tenth Circuit–FTC v. Accusearch
  2. Sixth Lawsuit Filed Over Google AdWords, Plus an Assault on Google’s Organic Search Results–Ascentive v. Google
  3. Anti-Spyware Company Protected by 47 USC 230(c)(2)–Zango v. Kaspersky
  4. 47 USC 230 and Consumer Protection Talk Notes
  5. Ninth Circuit Helpfully Amends Barnes v. Yahoo Opinion
  6. 47 USC 230 Can Support 12b6 Motion to Dismiss-Gibson v. Craigslist
  7. Twitter, Email and Brand Engagement
  8. Google Sued Again for Trademark Infringement–Soaring Helmet v. Leatherup.com
  9. Stop Saying “We Can Amend This Agreement Whenever We Want”!–Harris v. Blockbuster
  10. May 2009 Quick Links Part 2
  11. May 2009 Quick Links Part 1
  12. An Insider’s Look at Utah’s Failed HB 450
  13. Web Developer Didn’t “Convert” Website–Conwell v. Gray Loon
  14. Doe v. MySpace–Same Case Name, Different Plaintiff, Same Result

May 2009

  1. Another Lawsuit Over Google AdWords–Stratton Faxon v. Google
  2. Contributory Cybersquatting and the Impending Demise of Domain Name Proxy Services?–Solid Host v. NameCheap
  3. Barnes Also Seeks Rehearing in Barnes v. Yahoo
  4. Speth on Barnes v. Yahoo and 230 as an Affirmative Defense
  5. Yahoo and Amici Seek Rehearing in Barnes v. Yahoo
  6. EFF’s Guide to Griping, Plus Some Recommendations of My Own
  7. Expansive Preemption of State Anti-Spam Laws Is Curtailed
  8. Takedown Notice Sent to Parent Doesn’t Affect Subsidiary’s 512(c) Defense–Perfect 10 v. Amazon
  9. Google Liberalizes US Trademark Policy: “What, Me Worry?” Part 2
  10. Firepond “Copycat” Lawsuit Filed Against Google–John Beck Amazing Profits v. Google
  11. Ninth Circuit Mucks Up 47 USC 230 Jurisprudence….AGAIN!?–Barnes v. Yahoo
  12. Google Hit With Major Class Action Trademark Lawsuit Over Trademarked Keyword Ad Sales–FPX v. Google
  13. George Mason Talk and Paper on Economics of Reputational Information
  14. Google’s International Trademark Policy Change: “What, Me Worry?”
  15. April 2009 Quick Links
  16. Upcoming Talks in May and June

April 2009

  1. Two 47 USC 230 Defense Losses–StubHub and Alvi Armani Medical
  2. Promatek Redux: Software Consultant Enjoined from Metatag Usage and Other TM References–Deltek v. Iuvo
  3. Catching Up on Three Keyword Advertising Cases–Hearts on Fire, Romeo & Juliette, AAA
  4. Michael Savage Takedown Letter Might Violate 512(f)–Brave New Media v. Weiner
  5. Certain Approval Program v. Rip-off Report Update: Misappropriation Claim Dismissed
  6. eBay Resales Constitute Trademark Infringement Despite First Sale Doctrine–Beltronics v. Midwest
  7. 230 Doesn’t Preempt State IP Claims–Atlantic Records v. Project Playlist
  8. Graeme Dinwoodie on Rescuecom v. Google
  9. Robert Steinbuch Loses Another Round–Steinbuch v. Hachette
  10. GoDaddy Sued for Cybersquatting for Parked Domain Names–uBid v. GoDaddy
  11. Blogspot Sued for Dead Blogger’s Content–Davis v. Google
  12. Q1 2009 Quick Links, Part 4
  13. Q1 2009 Quick Links, Part 3
  14. Q1 2009 Quick Links, Part 2
  15. Margreth Barrett on Rescuecom v. Google
  16. Boring v. Google Reconsideration Motion Denied
  17. Q1 2009 Quick Links, Part 1 (Copyright Edition)
  18. Q1 2009 CAN-SPAM Quick Recaps
  19. 47 USC 230 Talk at Fordham
  20. Ochoa on Golan v. Holder and Copyright Restoration
  21. Republishing MySpace Post in Local Paper Might Be Intentional Infliction of Emotional Distress–Moreno v. Hanford Sentinel
  22. Second Circuit Says Google’s Keyword Ad Sales May Be Use in Commerce–Rescuecom v. Google

March 2009

  1. Virginia v. Jaynes – This Time Really is The End
  2. CLRB Hanson v. Google Preliminarily Settles for $20M
  3. Web Host Convicted of State Child Porn Crimes Despite 230–People v. Gourlay
  4. “Locate Plastic Surgeon” Trademark Registrant Brings Dubious Enforcement Action–Ezzo v. Google
  5. Soccer Coach Shut Out in Message Board Lawsuit–Joyner v. Lazzareschi
  6. Union Isn’t Liable for Members’ Postings to Union Message Board–Raggi v. Las Vegas Police
  7. IEEE ComSoc SCV Talk: “Engineers’ Role in Internet Law Development”
  8. Call for Papers: AALS 2010 Annual Meeting, Law & Computers Section: “Law & Wikis”
  9. Perez Hilton Wins IP Lawsuit–Silver v. Lavandeira
  10. Newspaper Obituaries Aren’t Hot News–Scranton Times v. Wilkes-Barre Publishing
  11. Union Organizers’ Activist/Gripe Sites Don’t Support Trademark Claims–Cintas v. Unite Here
  12. Utah HB 450 Dies in Utah Senate Without a Vote
  13. Fifth Circuit Denies Yahoo’s Jurisdictional Appeal in American Airlines Case
  14. Rip-off Report Lawsuit Updates: Certain Approval Programs and Ecommerce Innovations
  15. The Third Wave of Internet Exceptionalism
  16. Conference on the 100th Anniversary of the 1909 Copyright Act, April 30, SCU
  17. Utah House Barely Passes HB 450 (Maybe)–UPDATED
  18. Cook County Sheriff Sues Craigslist for Erotic Services Category
  19. Utah Trying to Regulate Keyword Advertising….Again!? Utah HB 450
  20. Facebook Sued Over Private Facebook Group–Finkel v. Facebook
  21. Online Resale of Expired Cosmetics May Be Trademark Infringement–Mary Kay v. Weber

February 2009

  1. Republishing Solicited Email May Not Qualify for 47 USC 230 Immunization–Woodhull v. Meinel
  2. McGeveran on Facebook Beacon and Social Media Marketing
  3. Domaining Registrar Defeats Cybersquatting Lawsuit–Philbrick v. eNom
  4. Zango v. Kaspersky Ninth Circuit Oral Arguments
  5. Guerrilla Marketing Under False Pretenses Might Be Passing Off–Heartland v. Forest River
  6. Bay Area Blawgers 4.0, March 18, 6-8 pm, SCU
  7. Facebook User Agreement Imbroglio Recap (and Some Comments of My Own)
  8. TradeComet Sues Google for Antitrust Violations
  9. AP Enforcement Action Against Syndicator Survives Dismissal Motion–AP v. All Headline News
  10. Google Street View Case Dismissed–Boring v. Google
  11. Affiliate Liability Talk Notes from SMX West
  12. Yahoo/Overture Sued for Search Results Snippets Containing Plaintiff’s Name–Stayart v. Yahoo
  13. Yahoo’s Sale of Competitive Keyword Ads Isn’t False Designation of Origin–Heartbrand Beef v. Lobel’s
  14. 2008 Cyberlaw Year-in-Review
  15. Publisher Promising “Visitors” Owes “Visitors,” Not “Unique Visitors”–WebMD v. RDA
  16. Online Retailer’s Link to House Brand from Manufacturer’s Product Page Might Infringe–BabyAge v. Leachco
  17. Social Networking Sites and Blogs Talk for Students

January 2009

  1. Erika Rottenberg Talk Recap
  2. Web Host Faces Potential Contributory Trademark Liability–Louis Vuitton v. Akanoc
  3. Decay Rates of Committed Online Community Members–an Epinions Case Study
  4. The [Non]enforceability of Privacy Promises–Pinero v. Jackson Hewitt
  5. Data Privacy Day at SCU Jan. 28: Erika Rottenberg, LinkedIn GC
  6. Brand Spillovers Article Now Available
  7. American Airlines v. Yahoo Venue Transfer Denied
  8. Kentucky Reverses Seizure of 141 Gambling-Related Domain Names
  9. Outdated Whois Information Might Lead to False Light Tort–Meyerkord v. Zipatoni
  10. Rip-off Report Rolls to Another Win–GW Equity v. Xcentric Ventures
  11. AOL Loses Venue Selection Dispute in Ninth Circuit Due to an Unfortunate “Of”–Doe 1 v. AOL
  12. Cautionary Tale of Website Co-Ownership–Mikhlyn v. Bove
  13. 47 USC 230 Talk for Businesspeople
  14. Eric Goldman Road Show Spring 2009
  15. Shifting Strategies in Patent Law Conference Announcement
  16. Reunion.com Revisited
  17. December 2008 Quick Links, Part 2
  18. December 2008 Quick Links, Part 1
  19. Oracle v. SAP Updates–Third Amended Complaint, Motion to Dismiss Ruling, SAP’s Latest Answer
  20. Veoh Gets Another Nice 512(c) Win–UMG v. Veoh
  21. OnlineNIC Loses One Lawsuit and Gets Sued in Another

2008 170

December 2008

  1. Doe v. SexSearch Affirmed by 6th Circuit, But Not on 230 Grounds
  2. MySpace Defeats Sherman Antitrust Claim for Blocking Links to Competitor–LiveUniverse v. MySpace
  3. Stress-Relieving Company Gets Anti-SLAPPed Per 230
  4. Lawsuit Over Google Ads for Mobile Services Dismissed Per 230–Goddard v. Google
  5. Vulcan Golf v. Google Class Certification Denied
  6. Google’s Latest Attempt to Kill the CLRB Hanson Lawsuit Fails
  7. Lori Drew Conviction Reflections, Part 3 of 3: Lessons for Cyberlawyers Drafting User Agreements
  8. Lori Drew Conviction Reflections, Part 2 of 3: Who is Bound by Clickthrough Agreements?
  9. Lori Drew Conviction Reflections, Part 1 of 3: Why MySpace Might Regret the Conviction
  10. Patent Lawsuit Filed Over Google Reader–Priest v. Google
  11. Keyword Ads and Other Marketing Supports Remote Jurisdiction–Market America v. Optihealth
  12. November 2008 Quick Links
  13. Yahoo Countersues American Airlines for Declaratory Judgment

November 2008

  1. Roommates.com Loses Summary Judgment on Remand, and Then Partially Settles
  2. Google Book Search Settlement Comments (A Little Late)
  3. Lori Drew Guilty of 3 Misdemeanor Violations of the Computer Fraud & Abuse Act
  4. Search Engines Aren’t Liable for Gambling Ads Per 230–Cisneros v. Yahoo
  5. Blockshopper Request to Dismiss Jones Day Lawsuit Denied
  6. October 2008 Quick Links, Part 3
  7. October 2008 Quick Links, Part 2
  8. Yellow Pages Publisher Hit with $1.5M Fraud Judgment for Publishing False Ad–Knepper v. Brown
  9. Just who is an Internet access service provider under CAN-SPAM?
  10. October 2008 Quick Links, Part 1 (Copyright Edition)
  11. Lambotte’s Click Fraud Lawsuit Against IAC Survives Motion to Dismiss
  12. Rip-off Report Wins Dismissal–GW Equity v. Xcentric
  13. Rip-off Report Back in Court
  14. First Amendment Protects Spoof Strip Club in Video Game from Trademark Claim–ESS Entertainment v. Rock Star Videos
  15. SEC’s Proposed Guidance on Hyperlinking Contravenes 47 USC 230
  16. Student Term Paper Website Brings a Lawsuit; Instead Gets Nailed With $700k Award Against It–Axact v. Student Network Resources

October 2008

  1. CAN-Spam-a-Friend?–Hoang v. Reunion.com
  2. Federal Circuit Comes to Santa Clara University Next Week
  3. Stockholder Derivative Action Against Yahoo Based on Click Fraud Rebuffed–Brodsky v. Yahoo
  4. Defamation Lawsuit Against Blogger Dismissed on Jurisdictional Grounds–Fahmy v. Hogge
  5. American Airlines Sues Yahoo for Selling Keyword Advertising
  6. Economics of Reputational Information Talks
  7. Search Engine “Cache” Function Covered by Implied License–Parker v. Yahoo
  8. September 2008 Quick Links, Part 3
  9. September 2008 Quick Links, Part 2
  10. September 2008 Quick Links, Part 1 (Special Trademarks/Domain Names Edition)
  11. NYC Talk on Economics of Reputational Information
  12. Email Ad Network Isn’t Liable for Unsolicited Email–Ferron v. Echostar

September 2008

  1. Licensing a Work, and When Licensing Doesn’t Work–Reuters v. GMU
  2. Delayed Enforcement Blocks Domain Name Lawsuit–Southern Grouts v. 3M
  3. Co-Website Operator Gets 47 USC 230 Defense–Best Western v. Furber
  4. Carterfone and Open Access in the Digital Era Symposium, October 17
  5. Perfect 10 v. Google on Remand, and 230 as an Affirmative Defense
  6. Bloggers’ Defamation Liability Not Dismissed–Saadi v. Maroun
  7. Road Show Fall 2008
  8. StubHub Wins 230 Dismissal in Anti-Scalping Case
  9. DMV.org Hit With SEO-Degrading Injunction–TrafficSchool.com v. eDriver
  10. August 2008 Quick Links, Part 2
  11. August 2008 Quick Links, Part 1
  12. 426,487 Reasons Why Metatags Still Matter (In Court)–Venture Tape v. McGills
  13. eBay Cracks Down on Cookie Stuffing–eBay v. Digital Point Solutions
  14. Io v. Veoh Comments–a Terrific 512(c) Defense-Side Win

August 2008

  1. SEC Proposes that Companies Should Be Liable for Content Linked from the Company’s Website
  2. 7Search Sues McAfee For Red Flagging It
  3. Court Slams Competitive Metatagging and Keyword Advertising–Soilworks v. Midwest Industrial Supply
  4. Fair Use – It’s the Law (for what it’s worth)–Lenz v. Universal
  5. Competitive Pop-up Ads Aren’t Unfair Competition or Tortious Interference–Overstock v. SmartBargains
  6. State of the Net West 2008 Recap
  7. Principal Loses Lawsuit Against Students and Parents Over Fake MySpace Page–Draker v. Schreiber
  8. Fall 2008 Cyberspace Law Syllabus
  9. Economics of Reputational Information Talk
  10. Google Denied Attorney’s Fees in 230 Dismissal–Steele v. Mengelkoch
  11. Minnesota Court Says Keyword Advertising is TM Use in Commerce–Hysitron v. MTS
  12. Affiliate Liability Extravaganza
  13. July 2008 Quick Links, Part II (Non-IP Edition)
  14. July 2008 Quick Links, Part I (IP Edition)
  15. “DVR as a Service” Isn’t Copyright Infringement–Cartoon Network v. CSC Holdings
  16. Domainer Loses Cybersquatting Lawsuit–Verizon v. Navigation Catalyst

July 2008

  1. Still Not Copyright: Para-Copyright Revisited–Blueport v. US
  2. “But United is a major provider of Airline Tickets”
  3. Relevancy Trumps Creepiness, and Some Thoughts About Behavioral Targeting
  4. Teaching Cyberlaw Article
  5. American Airlines and Google Settle Keyword Advertising Lawsuit
  6. Print-on-Demand “Publisher” Isn’t Liable for Book Contents–Sandler v. Calcagni
  7. GoDaddy Gets 230 Defense for Web Hosting–Kruska v. Perverted Justice Foundation
  8. eBay Denied 230(c)(2) Defense Over Counterfeit Coin Policing
  9. StubHub Denied 230 in Hannah Montana Ticket Scalping Case–Hill v. StubHub
  10. Tiffany v. eBay District Court Opinion Analysis
  11. eBay Wins Huge Ruling in Tiffany Case
  12. State of the Net West 2008, August 6, SCU
  13. The Sex Tape Problem…and a Possible Legislative Solution?
  14. eBay Not Bound By Robinson-Patman Act–Windsor Auctions v. eBay
  15. Two Regressive Search Engine Advertising Rulings–Standard Process v. Total Health and Finance Express v. Nowcom
  16. June 2008 Quick Links

June 2008

  1. “Duck Tours” Is Generic–Boston Duck Tours v. Super Duck Tours
  2. Consumer Complaint Site Defeats Lawsuit By Unhappy Vendor–Nemet v. ConsumerAffairs.com
  3. When breaking news breaks copyright
  4. Rights in Copies vs. Copyright
  5. Vacation and Guest Bloggers
  6. Keyword Metatags and Keyword-Triggered Ads Don’t Create Initial Interest Confusion–Designer Skin v. S&L Vitamins
  7. Google Sued for Running Ads for “Fraudulent Mobile Subscription Services”–Goddard v. Google
  8. May 2008 Quick Links, Part 2
  9. May 2008 Quick Links, Part 1 (Trademarks/Domain Names Edition)

May 2008

  1. Citysearch Sued for Click Fraud–Lambotte v. IAC
  2. Connecticut Blogger Not Subject to Texas Jurisdiction–Healix Infusion v. Helix Health
  3. Search Engine Advertiser Litigation Updates
  4. Lori Drew Prosecuted for CFAA Violations–Some Comments, and a Practice Pointer
  5. Keyword Law Talk at MLRC
  6. Zango Files Reply Brief in Zango v. Kaspersky
  7. Content Generation and the Law
  8. MySpace Gets 230 Win in Fifth Circuit–Doe v. MySpace
  9. Lifestyle Lift v. RealSelf Settles
  10. Ripoff Report Responds re. Xcentric Ventures v. Village Voice
  11. Third Party Liability Presentation
  12. April 2008 Quick Links
  13. CDT Files Amicus Brief in Zango v. Kaspersky
  14. Spam Revisited: Virginia-style
  15. Adware is Dead. Long Live Adware!

April 2008

  1. Ripoff Report Folks Sue Newspaper and Reporter for Defamation–Xcentric Ventures v. Village Voice
  2. Kaspersky Files Answering Brief in Zango v. Kaspersky
  3. Wikipedia Ethics Event, May 15 at SCU
  4. 47 USC 230 Trifecta of Cases–Friendfinder, e360insight, iBrattleboro
  5. Injunction Requires Negative Keywords in Future Adwords Campaigns
  6. Court Says Keyword Metatags Don’t Matter–Standard Process v. Banks
  7. Two Open Positions at the High Tech Law Institute, Santa Clara University
  8. Online Advertising Conference Recap
  9. March 2008 Quick Links, Part II
  10. Still Standing? Catching Up on the Jaynes Case
  11. March 2008 Quick Links, Part I
  12. Bay Area Blawgers 3.0, May 20, Berkeley
  13. “Trademark Use in Commerce” Revisited
  14. Trademark Dilution Symposium Videos
  15. Pro-Zango Amicus Brief in Zango v. Kaspersky
  16. 11th Circuit Freaks Out About Metatags–North American Medical v. Axiom
  17. Rescuecom v. Google Second Circuit Oral Arguments
  18. Roommates.com Denied 230 Immunity by Ninth Circuit En Banc (With My Comments)
  19. Roommates.com Denied 230 Immunity by Ninth Circuit En Banc
  20. School District Didn’t Violate First Amendment for Reassigning Teacher Who Blogged–Richerson v. Beckon
  21. Recent 47 USC 230 Developments Talk

March 2008

  1. PLI Presentation on Social Networking Sites and Blogs
  2. Zango’s Brief in Zango v. Kaspersky Ninth Circuit Appeal
  3. Rescuecom v. Google Pre-Oral Argument Details
  4. Google Site-Specific Search-Within-Search Tool–Why is Everyone So Worked Up About This?
  5. Griper Selling Anti-Walmart Items Through CafePress Doesn’t Infringe or Dilute–Smith v. Wal-Mart
  6. Clickthrough Agreement Binding Against Minors–A.V. v. iParadigms
  7. Adwords Ad Creates Initial Interest Confusion–Storus v. Aroa
  8. Craigslist Gets Seventh Circuit 230 Win in Fair Housing Act Case–Chicago Lawyers’ Committee v. Craigslist
  9. eBay Denied 230 Defense for Its Marketing Representations–Mazur v. eBay
  10. The Law & Business of Online Advertising Conference Announcement
  11. Iowa Offers Tax Breaks to “Web Search Portal Businesses”
  12. 47 USC 230 Day at the Technology & Marketing Law Blog
  13. Utah Amends Trademark Protection Act (But Only After Some Drama)
  14. Utah Quietly Killing the Trademark Protection Act [UPDATED]
  15. Lifestyle Lift Tries to Use TM Law to Shut Down User Discussions; Website Countersues for Shilling–Lifestyle Lift v. RealSelf
  16. Feb. 2008 Quick Links

February 2008

  1. Rescuecom v. Google Oral Arguments Finally Calendared
  2. Click Fraud Talk at SMX West
  3. CaféPress Denied 230 Motion to Dismiss–Curran v. Amazon
  4. Eric Menhart Backs Off CyberLaw Trademark Claim
  5. McKenna on Trademark Use in Commerce
  6. No Liability for Providing User-Selected Category Tags–Whitney v. Xcentric
  7. Turnitin Lawsuit to Be Dismissed–AV v. iParadigms
  8. Classic Article on “Cybermediaries”
  9. Jan. 2008 Quick Links (IP Edition)
  10. Jan. 2008 Quick Links (Non-IP Edition)
  11. 1-800 SKI VAIL Doesn’t Infringe–Vail Associates v. Vend-Tel-Co
  12. Third Circuit Says Google Isn’t State Actor–Jayne v. Google Founders
  13. Kentucky Court Votes Keyword Ads = TM Use in Commerce–TDI v. Golf Preservations

January 2008

  1. State of the Net Conference Recap
  2. ABA IP Section Quietly Considering Anti-Consumer Proposals to Regulate Keyword Advertising
  3. Wikipedia Revisited: the Wikipedia Community’s Xenophobia
  4. Who Owns “CyberLaw”(TM)? Eric Menhart, a DC IP Attorney, Thinks He Does
  5. Contract Formed Even If Customer Never Received It–Schwartz v. Comcast
  6. Web 2.0 Marketing and the Law
  7. Top Cyberlaw Developments of 2007
  8. 1-800 Contacts Sues LensWorld for Keyword Advertising
  9. Road Show Spring 2008

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