Q1 2014 Quick Links, Part 2

Photo credit: 3D Quick Link Crossword // ShutterStock

Photo credit: 3D Quick Link Crossword // ShutterStock

Social Media

Collins v. Louisiana State Police, No. 13-412 (La. Ct. App. Oct. 23, 2013):

a person’s online life depicted in social media is commonly not intended to reflect reality as much as it is intended to engender discourse. Therefore, courts should give serious consideration as to what probative value, if any, should to be given to such “evidence.”

* Oddee: 10 Outrageous Tweets That Got People Fired

In re Thundervision, LLC, No. 09-11145 (E.D. La. Feb. 5, 2014):

Social media is also an important marketing tool. RW Smith used the Facebook page established by Thundervision for LH & G to divert followers to Our Louisiana’s Facebook page. Posts to LH & G‘s Facebook page dated May 18, 2011; July 13, 2011; and August 2, 2011 remind followers of LH & G that the page has “moved” to Our Louisiana’s Facebook page and offer entry into a contest for “liking” Our Louisiana. Taking away followers of LH & G and diverting them to Our Louisiana violated LUTPA.

Search Engines

Marketing Land: 10 Big Brands That Were Penalized By Google, From Rap Genius To The BBC

* Google’s latest proposed antitrust deal with the EU.

Privacy

* Why we may not want privacy-by-design among start-up companies.

* The Recorder recaps some of the California-based privacy advocacy organizations.

Online Reviews

Braverman v. Yelp, 158299/2013 (N.Y. Sup. Ct. Feb 24, 2014):

it is undisputed that Plaintiff paid to enroll in Yelp’s advertising program. In doing so, Plaintiff assented to Agreement, which, by its terms, constitutes the sole contract between the parties. Thus, even if Yelp did promise to post Plaintiff’s favorable reviews in exchange for Plaintiff’s paid subscription to Yelp’s advertising program, as alleged, the Agreement, on its face, supersedes any such promise. Accordingly, even accepting Plaintiff’s allegations as true and drawing all inferences in favor of the non-moving party, Defendant’s documentary evidence flatly contradicts Plaintiff’s breach of contract claims.

Prior blog post.

* Bar Association of San Francisco Ethics Opinion on how attorneys can respond to Yelp reviewsRelated post regarding doctors.

* Sean D. Lee, “I Hate My Doctor”: Reputation, Defamation, and Physician-Review Websites, 23 Health Matrix 573 (2013).

Miscellaneous

WSJ: The FCC Wades Into the Newsroom

NewsWhip: Here’s what happens when the readers choose the front page story.

* David Nosal sentenced to 1 year in prison. Prior blog post.

WaPo: Group tries to slow federal government’s move away from paper to the Web.

* Christopher S. Yoo, Is There a Role for Common Carriage in an Internet-Based World?, 51 Hous. L. Rev. 545 (2013). Related article.

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