Google Wins Keyword Lawsuit–Rescuecom v. Google

By Eric Goldman Rescuecom Corp. v. Google, Inc., No. 5:04-CV-1055 (N.D.N.Y. Sept. 28, 2006). You can find the ruling here (WARNING: 1.7MB file) Introduction and the 1-800 Contacts Precedent Last year, the Second Circuit issued a major ruling in the…

Outdated Metatags Don’t Infringe–Pop Warner v. NH Youth Football & Spirit Conference

By Eric Goldman Pop Warner Little Scholars, Inc. v. New Hampshire Youth Football & Spirit Conference, 2006 WL 2591480 (D. N.H. Sept. 11, 2006) Metatag lawsuits befuddle me for two reasons. First, and most importantly, KEYWORD METATAGS ARE IRRELEVANT from…

Texas Assistant Principal Sues Students and Parents Over Defamatory Profile on MySpace.com

By John Ottaviani High school students have been battling with and lampooning their assistant principals for generations. Last Spring, students in San Antonio, Texas, applied 21st century technology to the practice, when they allegedly set up a profile for their…

New York v. Direct Revenue Amicus Brief

By Eric Goldman David Post, Scott Christie and I have filed an amicus brief in New York v. Direct Revenue LLC, No. 401325/06 (N.Y. Supreme Ct.), one of Spitzer’s office’s high-profile enforcement actions against adware companies. Among other aggressive positions,…

eBay User Agreement Upheld, Part II–Durick v. eBay

By Eric Goldman Durick v. eBay, 2006 WL 2672795 (Oho Ct. App. Sept. 11, 2006) I didn’t anticipate this being eBay Law Week, but these issues often seem to arise in cycles. Yesterday I blogged on the Nazaruk case, which…

eBay User Agreement Upheld–Nazaruk v. eBay

By Eric Goldman Nazaruk v. eBay, 2006 WL 2666429 (D. Utah Sept. 14, 2006) Another lawsuit involving the eBay feedback forum. In this case, the pro se plaintiff alleges that eBay and the feedback submitter deprived her of her civil…

Nails, Coffins, Spam, and the Dormant Commerce Clause?

…I think plans A & B in an alleged commercial spammer’s legal defense (the Dormant Commerce Clause and First Amendment challenges) have now taken enough hits to be declared at least in the coffin, if not dead. Why? In the case of the Dormant Commerce Clause, it isn’t the slow accretion of adverse cases swaying the tide of legal thinking, as with First Amendment Cases, but an intuitively and legally obvious reason I explain below. While plans A&B lay near death, courts (much like they have been doing for the last 200-plus years) are still struggling with notions of jurisdiction. As a result, plan C (resisting the jurisdiction of an out-of-state court) looks to remain a source of continued litigation between spammers and those who would sue them…

Internet Law Updates Talk

By Eric Goldman Yesterday I gave a talk called “Internet Law Updates” at an event sponsored by the California State Bar’s IP Section. My slides. Category: Product #: Regular price:$ (Sale ends !) Available from: Condition: Good ! Order now!…

Grokster Website

By Eric Goldman I wanted to see what was going on now at the Grokster website, so I checked out www.grokster.com today. I got this stern lecture: The United States Supreme Court unanimously confirmed that using this service to trade…

KinderStart Second Amended Complaint

By Eric Goldman KinderStart v. Google, Case 5:06-cv-02057-JF (N.D. Cal. second amended complaint filed Sept 1, 2006) After its last complaint was dismissed in its entirety, not surprisingly KinderStart is trying again with a second amended complaint—a 63 page behemoth….