Ad Networks Can’t Get 47 USC 230 Defense on Motion to Dismiss–Swift v. Zynga
By Eric Goldman Swift v. Zynga Game Network, Inc., 2010 U.S. Dist. LEXIS 117355 (N.D. Cal. Nov. 3, 2010). Wendy Davis’ story on the complaint filing. I have repeatedly observed that the Ninth Circuit’s Roommates.com en banc decision has not…
Job Opening: Assistant Director, High Tech Law Institute
By Eric Goldman I’m sad to announce that Cindy Tippett, our current Assistant Director of the High Tech Law Institute, will be leaving the position due to a family relocation. Cindy has been an integral part of the HTLI’s operations…
Dentist Review on Yelp Gets Partial Anti-SLAPP Protection–Wong v. Jing
By Eric Goldman Wong v. Jing, 2010 WL 4457330 (Cal. App. Ct. Nov. 9, 2010). The SF Chronicle article on the complaint filing. The dentist’s “open letter” about the lawsuit filing. Tai Jing posted a negative review of Dr. Yvonne…
Online Forum Operator Gets Easy 47 USC 230 Win–Two Plus Two v. Jacknames
By Eric Goldman Two Plus Two Publishing LLC v. Jacknames.com, 2010 WL 4281791 (D. Nev. Sept. 30, 2010). The complaint. Steve Green’s writeup of the initial complaint filing. This one just showed up in my Westlaw queue. It looks like…
Victim’s Misstated Age on MySpace Could Contribute to Mistake of Age Defense–State v. Berry
By Eric Goldman State v. Berry, 2010 WL 4226707 (Or. App. Ct. Oct. 27, 2010) This is yet another case involving sex with an underage girl where the defendant believed she was older than she actually was. See my previous…
October 2010 Quick Links
By Eric Goldman Copyright * Greg Sandoval discusses copyright trolls with Cindy Cohn. You may recall I had an “interview” with Cindy as a guest lecture in my Internet Law course. And a belated congratulations to Cindy for her recognition…
Facebook Not Liable for Account Termination–Young v. Facebook
By Eric Goldman Young v. Facebook, 2010 WL 4269304 (N.D. Cal. Oct. 25, 2010). The initial complaint. Kashmir Hill covered the initial complaint filing in this case, and you should start with her post. The short story is that Facebook…
Plaintiff-Side Briefs in Rosetta Stone v. Google Appeal
By Eric Goldman Rosetta Stone and five amici groups have filed their briefs in the Fourth Circuit appeal in Rosetta Stone v. Google. The filings: Rosetta Stone’s opening appellate brief. It appears Rosetta Stone has new appellate counsel: Terrence Ross…
Auction Platform Protected by 47 USC 230 for a Rogue Auction–Simmons v. Danhauer
By Eric Goldman Simmons v. Danhauer & Associates, LLC, 2010 WL 4238856 (D. S.C. Oct. 21, 2010) Proxibid provides an online auction platform similar to eBay, except that Proxibid vets auctioneers before they can conduct an auction. Danhauer used Proxibid’s…
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…