Sending Politically Charged Emails Does Not Support Disturbing the Peace Conviction — State v. Drahota
[Post by Venkat] State v. Drahota, 280 Neb. 627 (Sept. 24, 2010) [pdf] Background: Drahota was a student at the University of Nebraska who corresponded via email with his political science professor Avery. According to the opinion, they “shared a…
Class Action for Misleading Pop-up Ads Against McAfee Survives Motion to Dismiss — Ferrington v. McAfee
[Post by Venkat] Ferrington v. McAfee, Case No. 10-cv-01455-LHK (N.D. Cal. Oct. 5, 2010) There have been a few rulings involving class actions from customers alleging that an online merchant partnered with a third party who improperly piggybacked on to…
Inflatable Giant Gorilla Attacks Google (for Copyright Infringement)–Scherba v. Google
By Eric Goldman Scherba Industries v. Google, Inc., 1:10-cv-02288 (N.D. Ohio complaint filed Oct. 7, 2010). Scherba makes giant inflatable gorillas. See an example. A little improbably, it has a copyright registration for a 3D sculptural work called “Gorilla Inflatable”–the…
September 2010 Quick Links, Part 2
By Eric Goldman Contracts * Hutchison v. Yahoo, 2010 WL 3706571 (9th Cir. Sept 20, 2010). AT&T’s early termination fee wasn’t a penalty, even as applied to a termination with only 2 weeks of service left. * Evan Brown: Software…
Two More Courts Close the Doors on Data Breach Plaintiffs
[Post by Venkat] There are a slew of cases that reject data breach claims brought by plaintiffs who have not suffered out of pocket losses. Recently, courts in Maine and Oregon joined the group of courts rejecting such claims. In…
September 2010 Quick Links, Part 1 (IP Edition)
By Eric Goldman Copyright * US v. ASCAP (2d Cir. Sept. 28, 2010): “the Internet Companies offer their customers the ability to download musical works over the Internet. It is undisputed that these downloads create copies of the musical works,…
Tip for Clean Living: Don’t Use a 14 Year Old’s Self-Portrait in Advertising for Porn–Lara Jade Coton v. TVX
By Eric Goldman Coton v. Televised Visual X-ography, Inc., 2010 WL 3768039 (M.D. Fla. Sept. 16, 2010). The initial complaint. Lara Jade’s blog post on the court victory. Comprehensive recap from Plagiarism Today, who has been tracking the case all…
New Internet Law Work-in-Progress Series
By Eric Goldman Announcing a New Internet Law Works-in-Progress Series and Call for Participation The High Tech Law Institute at Santa Clara University School of Law and the Institute for Information Law and Policy at New York Law School are…
Seventh Circuit Tosses Beverly Stayart’s False Endorsement Claims–Stayart v. Yahoo
By Eric Goldman Stayart v. Yahoo! Inc., 2010 WL 3785147 (7th Cir. Sept. 30, 2010). I have previously blogged about Beverly Stayart’s lawsuits against Yahoo and Google for apparently sploggy (and possibly cloaked) objectionable search results delivered when she searched…