Must-Read Empirical Study of 47 USC 230 Jurisprudence by David Ardia

By Eric Goldman David S. Ardia, Free Speech Savior or Shield for Scoundrels: An Empirical Study of Intermediary Immunity Under Section 230 of the Communications Decency Act, 43 Loyola of Los Angeles Law Review 373 (2010) Let me start with…

Payment Service Providers May Be Liable for Counterfeit Website Sales–Gucci v. Frontline

By Eric Goldman Gucci America, Inc. v. Frontline Processing Corp., 2010 WL 2541367 (S.D.N.Y. June 23, 2010) This case relates to an online seller of Gucci counterfeit goods called TheBagAddiction.com, run by Laurette. Gucci already successfully shut down the counterfeit…

Steps to ‘Internet-Proof’ Your Cease and Desist Letter

[Post by Venkat] I posted a ways back at Avvo’s blog about how the internet increasingly affects litigation by shining the light on abusive lawsuits or those that overreach. I didn’t mention something related that has become fairly common, and…

The FTC Dings Twitter’s Security Practices — What Does This Mean for Everyone Else?

[Post by Venkat] In the Matter of Twitter, Inc. (FTC; June 24, 2010) (Consent Order) (FTC Press Release) Twitter recently agreed to a consent order with the FTC that requires Twitter to implement a variety of security measures with respect…

YouTube Gets Decisive Win in Viacom/FAPL Case

By Eric Goldman Viacom International, Inc., v. YouTube, Inc., 2010 WL 2532404 (SDNY June 23, 2010). The Viacom v. YouTube case has been noteworthy for numerous reasons. It involves the cherished Internet brands YouTube and Google, it’s been going on…

My OECD Position Paper Lauding 47 USC 230 (OECD Project on Internet Intermediaries, Part 1)

By Eric Goldman Last week, I participated in an OECD expert workshop on Internet intermediary liability in Paris. I will blog more about the OECD project and my trip to Paris shortly. In preparation for the event, I was asked…

Three Gripers Get Disadvantageous Jurisdictional Appellate Rulings in Defamation Cases

By Eric Goldman Three recent appellate rulings, coming within 8 days of each other, illustrate how hard it is for an online griper to stay out of his/her target’s home court. None of these opinions are clearly wrong, but I…

Use of Multiple (Even Random or Garbled) Domain Names to Bypass Spam Filter Does not Violate Cal. Spam Statute — Kleffman v. Vonage

[Post by Venkat] Kleffman v. Vonage Holdings Corp., Case No. S169195 (Calif. Supreme Ct.; June 21, 2010) The California Supreme Court issued its opinion in Kleffman v. Vonage, a case certified from the Ninth Circuit. The California Supreme Court held…

No Wrath in this Quon–Ontario v. Quon

The Supreme Court passes on almost every issue before it in City of Ontario v. Quon. By Ethan Ackerman (with comments from Eric below) On Thursday, the U.S. Supreme Court released its opinion in City of Ontario v. Quon, a…

MySpace Photo and Internet Gang Roster Evidence Improperly Admitted — People v. Beckley

[Post by Venkat] People v. Beckley, Case No. B212529 (Cal. Ct. App. June 9, 2010) Two defendants were convicted of a gang-related homicide in this case. MySpace Photos: The girlfriend of one of the defendants offered an alibi that one…