Republishing Solicited Email May Not Qualify for 47 USC 230 Immunization–Woodhull v. Meinel

By Eric Goldman Woodhull v. Meinel, 2008 WL 5663874 (N.M. App. Ct. Oct. 24, 2008). This one just showed up in my Westlaw alerts; not sure why it took so long. The NM Supreme Court denied cert Jan. 7, 2009….

McGeveran on Facebook Beacon and Social Media Marketing

By Eric Goldman Bill McGeveran, a law professor at University of Minnesota, has posted Disclosure, Endorsement, and Identity in Social Marketing to SSRN. The paper walks through Facebook Beacon and marketers’ other efforts to take advantage of online word of…

Domaining Registrar Defeats Cybersquatting Lawsuit–Philbrick v. eNom

By Eric Goldman Philbrick v. eNom, Inc., 2009 WL 152127 (D.N.H. Jan. 22, 2009). The Justia page. Philbrick’s Sports is a New Hampshire retailer of sporting goods. eNom’s customer registered two domain name variants of Philbrick Sport’s website. When the…

Zango v. Kaspersky Ninth Circuit Oral Arguments

By Eric Goldman The Ninth Circuit has posted the audio of the February 2, 2009 oral arguments in Zango v. Kaspersky, the important 47 USC 230(c)(2) case about vendors’ abilities to classify third party content as spam, viruses, adware/spyware, etc….

Guerrilla Marketing Under False Pretenses Might Be Passing Off–Heartland v. Forest River

By Eric Goldman Heartland Recreational Vehicles, LLC v. Forest River, Inc., 2009 WL 418079 (N.D. Ind. Feb. 18, 2009). The Justia page. When deciding whether it should bring a lawsuit, a potential plaintiff needs to consider not only their likelihood…

Bay Area Blawgers 4.0, March 18, 6-8 pm, SCU

By Eric Goldman The High Tech Law Institute at SCU Law is sponsoring the fourth gathering of Bay Area legal bloggers/blawgers. We’ll have an hour of structured discussion and lots of mingle time. The theme for the discussion will be…

Facebook User Agreement Imbroglio Recap (and Some Comments of My Own)

By Eric Goldman I didn’t have a chance to blog on the Facebook user agreement amendment flap in real-time, but now that Facebook has rolled back its amendments and everyone is catching their breath, the Monday morning quarterbacking is proceeding…

TradeComet Sues Google for Antitrust Violations

By Eric Goldman TradeComet.com LLC v. Google, Inc., 09 CIV 1400 (SDNY complaint filed Feb. 17, 2009). The Justia page. TradeComet, which operates the SourceTool.com website, has sued Google for a variety of antitrust violations. As is typically the case…

AP Enforcement Action Against Syndicator Survives Dismissal Motion–AP v. All Headline News

By Eric Goldman Associated Press v. All Headline News Corp., 08 Civ 323 (SDNY Feb. 17, 2009) We’ve seen a lot of ruffled feathers over Internet republication of news headlines, ledes and snippets–the most recent being the GateHouse lawsuit and…

Google Street View Case Dismissed–Boring v. Google

By Eric Goldman Boring v. Google, Inc., 2:08-cv-00694-ARH (W.D. Pa. Feb. 17, 2009) You may recall the Boring case from last Spring. A Pennsylvania couple sued because Google’s camera car drove up their private driveway and the resulting pictures were…