Resale of International Textbooks to US Students Not Protected by First Sale Doctrine–Pearson v. Liu
By Eric Goldman Pearson Education, Inc. v. Liu, 2009 WL 3064779 (S.D.N.Y. Sept. 25, 2009) As a complement to Venkat’s excellent post on Vernor v. Autodesk from this morning, it turns out that we are celebrating First Sale Doctrine day…
Vernor v. Autodesk–Does the Right to Possession Distinguish Between Sales and Licenses?
By Venkat Balasubramani [A big thanks to Professor Goldman for the guest blogging opportunity. I jokingly mentioned that asking me whether I was interested in guest blogging was the law blog industry equivalent of Oprah calling one of her viewers…
Introducing Guest Blogger Venkat Balasubramani
By Eric Goldman It’s my pleasure to welcome Venkat Balasubramani as a guest blogger. I’m fortunate that I can make this introduction in writing and not orally because I still don’t know how to pronounce his last name. As my…
Do the FTC’s New Endorsement/Testimonial Rules Violate 47 USC 230?
By Eric Goldman In reading the FTC’s new rules on endorsements and testimonials in advertisements, I was struck by the FTC’s expansive vision of advertiser liability for third party-caused violations. In particular, the FTC apparently has made the same analytical…
Ripoff Report Rolls to Another Win–Intellect Art v. Milewski
By Eric Goldman Intellect Art Multimedia v. Milewski, 117024/08 (NY Sup. Ct. Sept. 15, 2009). For more background on the lawsuit, check out the companion blog. This case involves the “Swiss Finance Academy,” an expensive summer college program. A disgruntled…
Online Game Network Isn’t Company Town–Estavillo v. Sony
By Eric Goldman Estavillo v. Sony Computer Entertainment America, 2009 WL 3072887 (N.D. Cal. Sept. 22, 2009) Sony’s PS3 online network isn’t a company town or otherwise a state actor subject to First Amendment obligations. As a result, Judge Whyte…