Message Board Operator Fights Discovery Order Requiring Disclosure of Identities and Private Messages — Concerned Citizens for Crystal City v. City of Crystal City

[Post by Venkat] Concerned Citizens for Crystal City, et al. v. City of Crystal City, et al., No. ED 94135 (Mo. Ct. App.; Oct. 26, 2010) In 1991, Pittsburgh Plate and Glass Company shut down a factory in Crystal City…

Political Campaigns and Copyright Infringement

By Eric Goldman I might be wrong, but my unscientific impression is that political campaigns are encountering copyright issues more frequently than in the old days. Initially, I had hoped to catalog all of the recent incidents, but I realized…

My RapLeaf Profile is Amusingly Mistaken. This is What the Fuss is All About?

By Eric Goldman The latest in the Wall Street Journal’s “scare journalism” series of privacy articles is a hatchet job on RapLeaf. I don’t know much about RapLeaf, but at conferences, privacy advocates frequently invoke RapLeaf as an omnipotent, omniscient…

Court Orders Disclosure of Facebook and MySpace Passwords in Personal Injury Case — McMillen v. Hummingbird Speedway

[Post by Venkat] McMillen v. Hummingbird Speedway, Inc., et al., Case No. 113-2010 CD (Pa. Ct. of Common Pleas) (Sept. 9, 2010) There have been several recent cases dealing with discovery of social networking evidence in a civil dispute. A…

Former Employee’s ‘Email Barrage’ Does Not Support CAN-SPAM or Computer Fraud and Abuse Act Claims — Nyack Hosp. v. Moran

[Post by Venkat] Nyack Hosp. v. Moran, 08 Civ. 11112 (SCR)(PED) (S.D.N.Y.; Oct. 20, 2010) Moran was employed by Nyack Hospital. When the employment relationship ended he: sent [an unspecified number of] e-mails, including a 17-page attachment, to over “100…

Blogger Wins Fair Use Defense…On a Motion to Dismiss!–Righthaven v. Realty One

By Eric Goldman Righthaven LLC v. Realty One Group, Inc., 2010 WL 4115413 (D. Nev. Oct. 19, 2010) I’ve mentioned Righthaven before in my quick links, but this is my first full blog post about them. I trust most of…

Probation Limitations on Internet and Facebook Use Violate First Amendment — In re J.J.

[Post by Venkat] In re J.J., Case No. D055603 (Cal. Ct. App. Oct. 15, 2010) J.J. is a 15 year old who was found to have received a stolen motorcycle. He was adjudged a ward of the court and placed…

First Sale and Exhaustion Doctrines in IP Conference, Nov. 5, SCU

By Eric Goldman I’ve mentioned our First Sale and Exhaustion in IP conference before, but now it’s less than 3 weeks away. If you were thinking about coming, now is a good time to confirm your spot. As regular readers…

Shining the Spotlight on Trademark Bullies (a Long-Delayed Recap of a Trademark Scholars Roundtable)

By Eric Goldman [Occasionally, a blog post gets “stuck” in draft mode for months. These posts typically do not age well, as intervening developments often render the post moot or less interesting. As a result, most stuck blog posts eventually…

Blog Host Can’t Be Bound by TRO for User Posts (Blockowicz redux)–Bobolas v. Does

By Eric Goldman Bobolas v. Does 1-100, 2010 WL 3923880 (D. Ariz. Oct. 1, 2010) This lawsuit involves Bobolasgate.info, a Greek-language blog/website that appears to criticize Greek real estate and media mogul George Bobolas (ranked as one of the top…