Irrational Copyright Lawsuit Over “Pi Symphony” Gets Sliced–Erickson v. Blake
By Eric Goldman Erickson v. Blake, 2012 WL 847327 (D. Oregon March 14, 2012). The complaint. A prior ruling in the case transferring it from Nebraska to Oregon for jurisdictional reasons. Techdirt’s coverage (1, 2). This case could be an…
Facebook’s “Browsewrap” Enforced Against Kids–EKD v. Facebook
By Eric Goldman E.K.D. v. Facebook, Inc., 3:12-cv-01216-JCS (S.D. Ill. March 8, 2012). The complaint. This opinion reaches two interesting conclusions. First, it says children-users can’t disaffirm Facebook’s terms of service (TOS) so long as they keep using the site….
TheDirty Gets Its First 47 USC 230 Win–S.C. v. Dirty World
By Eric Goldman S.C. v. Dirty World LLC, No. 11-CV-00392-DW (W.D. Mo. March 12, 2012) thedirty got a 47 USC 230 immunity–the first time it has qualified for Section 230–in the lawsuit by Stephanie Crabtree (S.C.). This isn’t thedirty’s first…
Jan.-Feb. 2012 Quick Links, Part 5 (Advertising, Consumer Reviews & Search Engines)
By Eric Goldman Advertising and Marketing * CLRB Hanson Industries, LLC v. Weiss & Associates, PC, 2012 WL 20539 (9th Cir. Jan. 5, 2012). Ninth Circuit rejected a challenge to the CLRB Hanson v. Google settlement over AdWords budget caps….
Another Newspaper Isn’t Liable for User Website Comments Per 47 USC 230–Spreadbury v. Bitterroot Library
By Eric Goldman Spreadbury v. Bitterroot Public Library, 2012 WL 734163 (D. Montana March 6, 2012). Magistrate’s Findings and Recommendations from November 2011 (Spreadbury v. Bitterroot Public Library, 2011 WL 7462038 (D.Mont. November 30, 2011). The Justia page. It’s not…
Jan.-Feb. 2012 Quick Links, Part 4 (Evidence Edition)
By Eric Goldman * E.E.O.C. v. Management Hospitality of Racine, Inc., 2012 WL 37112 (7th Cir. Jan. 9, 2012): “The Defendants also suggest that Shisler was not subjectively offended by Gutierrez’s crude comments because her MySpace page contained a sexually…
Jan.-Feb. 2012 Quick Links, Part 3 (Defamation/Content Regulation Edition)
By Eric Goldman Defamation * McKee v. Laurion, No. A11-1154 (Minn. App. Ct. Jan. 23, 2012) The appeals court revived a doctor’s defamation lawsuit over online criticism. Prior blog post on doctors’ lawsuits over online criticism. * Schimmel v. YouTube,…
Justin.tv Mostly Eliminates Zuffa’s Trademark and Communications Act Claims Over User-to-User Live Video Streaming
By Eric Goldman Zuffa LLC v. Justin.tv, Inc., 2012 WL 764424 (D. Nev. March 8, 2012). The complaint. [Note: I’ve worked with Justin.tv on related issues, but I’m speaking for myself in this post] Justin.tv allows user-to-user live video streaming….
Fake Political Attack Video Doesn’t Violate Lanham Act–Ron Paul v. Does
By Eric Goldman Ron Paul 2012 Presidential Campaign Committee, Inc. v. Does, 3:12-cv-00240-MEJ (N.D. Cal. March 8, 2012) The Doe Defendants registered the alias “NHLiberty4Paul” at YouTube and Twitter and posted a YouTube video attacking Jon Huntsman. The video ends…
Jan.-Feb. 2012 Quick Links, Part 2 (Trademarks, Patents, Trade Secrets, Innovation Edition)
By Eric Goldman Trademarks * Naked Cowboy v. CBS, 2012 WL 592539 (S.D.N.Y. Feb 23, 2012). The court rejects the trademark claim for CBS buying “Naked Cowboy” keyword advertising to promote the YouTube video for lack of use in commerce,…