Ripoff Report May Be “Appalling,” But It Still Gets 47 USC 230 Immunity–Giordano v. Romeo

By Eric Goldman Giordano v. Romeo, 2011 WL 6782933 (Fla. App. Ct. Dec. 28, 2011). [Disclosure note: I joined an amicus brief in support of Ripoff Report's position, written by Paul Levy of Public Citizen] One sign of a good…

Why Are Korean Copyright Owners Suing an Australian Infringer in San Jose, California?

By Eric Goldman DFSB Kollective Co., Ltd. v. Tran, 2011 WL 6730678 (N.D. Cal. Dec. 21, 2011) In light of SOPA, I am paying closer attention to transborder copyright and trademark enforcement actions. After all, SOPA is designed to redress…

Another Set of Parties Duel Over Social Media Contacts — Eagle v. Sawabeh

[Post by Venkat Balasubramani] Eagle v. Morgan, 11-4303 (E.D. Pa.; Dec. 22, 2011) Background: Dr. Linda Eagle, who holds a Ph.D. in communication and psychology, teamed up with Clifford Brody and founded Edcomm. They were later joined by Davi Shapp….

UMG v. Shelter Capital: A Cautionary Tale of Rightsowner Overzealousness

By Eric Goldman UMG Recordings, Inc. v. Shelter Capital Partners LLC, 2011 WL 6357788 (9th Cir. Dec. 20, 2011). My prior blog posts on district court rulings on Veoh’s 512(c) safe harbor and attorneys’ fees/Rule 68. Make no mistake, web…

Infringing Download Without Further Infringement Only Supports Lost License Fee–Real View v. 20-20

By Eric Goldman Real View LLC v. 20-20 Technologies, Inc., 1:07-cv-12157-PBS(D. Mass. Sept. 21, 2011). The jury verdict form. A June 2011 ruling with more background. Copyright damages may not seem like the sexiest topic, but the reality is that…

Academic Literature Recap, Q4 2011

By Eric Goldman I’m mired in grading heck, slogging my way through 146 exams. As a result, blogging has taken a back seat. I have several key items to blog, including the UMG v. Shelter Capital and Ascentive v. Opinion…

Old School Spam Plaintiff Rebuffed in the Ninth Circuit

[Post by Venkat Balasubramani] Gordon v. BMG Columbia House, 10-35180 (9th Cir. Nov. 28, 2011) Gordon v. Inviva, 10-35283 (9th Cir. Nov. 28, 2011) Gordon v. Commonwealth Mktg. Group, 10-35030 (9th Cir. Nov. 28, 2011) James Gordon has generated more…

Hyundai Gets a Pass from the FTC on Endorsement Issues, in Part Due to Its Social Media Policy

[Post by Venkat Balasubramani with updated comments from Eric] In re Hyundai Motor America, FTC File No. 112-3110 (Nov. 16, 2011) [.pdf] We’ve posted on the FTC endorsement guidelines, which broadly require disclosure of relationships, and incentives provided to those…

Twelve Comments Filed in Response to Copyright Office Proposal to Amend 512 Designation Requirements

By Eric Goldman With all of the focus on SOPA/PIPA/OPEN, it’s easy to lose sight that a Copyright Office proposal seriously jeopardizes the 17 USC 512 online safe harbors for many service providers. Specifically, the Copyright Office proposes to expire…

Facebook “Sponsored Stories” Publicity Rights Lawsuit Survives Motion to Dismiss–Fraley v. Facebook

By Eric Goldman Fraley v. Facebook, Inc., 2011 WL 6303898 (N.D. Cal. Dec. 16, 2012) Because Facebook does so many things that aren’t in users’ interests, their “Sponsored Stories” program barely registers. Nevertheless, Sponsored Stories demonstrates why many people are…