BitTorrent to Enforce BITTORRENT Trademark
…as important as licensing in coordinating development and maintaining the quality of an open source program. Any developer can take Linux or BitTorrent code and adapt it to their purposes….
Orphan Works Report Released
…corrected. The proposed amendment: SECTION 514: LIMITATIONS ON REMEDIES: ORPHAN WORKS (a) Notwithstanding sections 502 through 505, where the infringer: (1) prior to the commencement of the infringement, performed a…
Second Anti-Adware Lawsuit Survives Motion to Dismiss–Kerrins v. Intermix Media
…in future rulings. The court also refused to dismiss the computer crime claim (Cal. Penal Code 502). Penal Code 502 is a quirky statute–like the old-line computer crimes statutes, it…
New Metatag/SEO Lawsuit–Salu, Inc. v. Pitts
…legal grounding. False Advertising The more interesting claim is a 43(a) false advertising claim based on copying the HTML code. With reference to the allegedly copied HTML code, skinstore.com claims…
California Anti-Phishing Law–Cal. B&P Code Sec. 22948
By Eric Goldman Going through my stack, I came across Cal. Business & Professions Code Sec. 22948-22948.3 (SB 355), California’s recently enacted anti-phishing law. In general, compared to other state…
Challenge to CDA’s Obscenity Provision Rejected–Nitke v. Gonzales
…the content might be questionable. Of course, in the telephone context, authenticating geography is easier (do it by area code) than it is on the Internet–although the forces of censorship…
Click Fraud Lawsuit–Click Defense v. Google
…of Action The complaint alleges four causes of action: · breach of contract · negligence · unjust enrichment · violation of California’s Business & Professions Code Sec. 17200 I think…
Proposed GPL Version 3: Revenge of the Free Software Foundation?
…issues of the GPL: when is added code a “work based on the program” that requires distribution of the source code of the revised or modified or added code in…
Good Primer on Spyware
Spyware: Background and Policy Issues for Congress, Congressional Research Service, Order Code RL32706 (May 18, 2005). This report, written as a primer for Congress, is one of the most balanced…
Web Gambling Advertising Suit Against Search Engines Allowed to Proceed
…Google, Overture, Ask Jeeves, LookSmart, AltaVista, Terra Lycos, Jupiter, FindWhat, Kanoodle, Business.com and Sex.com violated California law by providing paid or “sponsored” advertisements in violation of the California Penal Code…