Q2 2010 Quick Links Part 2

By Eric Goldman Marketing and Advertising * Good talk from FTC Chair Leibowitz: “we have great hopes for self-regulation….So long as self-regulation is making forward progress, the FTC is not interested in regulating” behavioral targeting. * NYT on teaching middle…

Scribd Can’t Shake Copyright and Publicity Rights Lawsuit on Motion to Dismiss–Williams v. Scribd

By Eric Goldman Williams v. Scribd, 3:09-cv-01836-LAB -BGS (S.D. Cal. June 23, 2010). Larry Williams has written several books on commodities trading (their titles suggest they fit into the “Make Money Fast” genre). He alleges that rogue Scribd users, including…

Puzzling 9th Circuit Dilution Opinion Over eVisa.com–Visa v. JSL

By Eric Goldman VISA International Service Ass’n v. JSL Corp., No. 08-15206 (9th Cir. June 28, 2010) A number of us in the trademark community are scratching our heads at last week’s Ninth Circuit trademark dilution opinion, authored by Judge…

Q2 2010 Quick Links Part 1 (Content Regulation Edition)

By Eric Goldman Online Publication * Too Much Media, LLC v. Hale, 2010 WL 1609274 (N.J. Super. A.D. April 22, 2010). Curating blogger and message board commenter does not qualify for New Jersey’s reporter shield law. The case also says…

OECD Project on Internet Intermediaries, Part 2

By Eric Goldman As I mentioned last week, in June I went to Paris to participate in an OECD Experts Workshop on Internet Intermediaries. At the end of the day, I was one of several people to try to summarize…

Recent Anti-SLAPP Developments

By Eric Goldman As you may recall, I have endorsed HR 4364, the Proposed Federal Anti-SLAPP Bill. This blog post catches up on some recent anti-SLAPP developments both in and out of the courtroom. First, many of you probably saw…

Must-Read Empirical Study of 47 USC 230 Jurisprudence by David Ardia

By Eric Goldman David S. Ardia, Free Speech Savior or Shield for Scoundrels: An Empirical Study of Intermediary Immunity Under Section 230 of the Communications Decency Act, 43 Loyola of Los Angeles Law Review 373 (2010) Let me start with…

Payment Service Providers May Be Liable for Counterfeit Website Sales–Gucci v. Frontline

By Eric Goldman Gucci America, Inc. v. Frontline Processing Corp., 2010 WL 2541367 (S.D.N.Y. June 23, 2010) This case relates to an online seller of Gucci counterfeit goods called TheBagAddiction.com, run by Laurette. Gucci already successfully shut down the counterfeit…

YouTube Gets Decisive Win in Viacom/FAPL Case

By Eric Goldman Viacom International, Inc., v. YouTube, Inc., 2010 WL 2532404 (SDNY June 23, 2010). The Viacom v. YouTube case has been noteworthy for numerous reasons. It involves the cherished Internet brands YouTube and Google, it’s been going on…

My OECD Position Paper Lauding 47 USC 230 (OECD Project on Internet Intermediaries, Part 1)

By Eric Goldman Last week, I participated in an OECD expert workshop on Internet intermediary liability in Paris. I will blog more about the OECD project and my trip to Paris shortly. In preparation for the event, I was asked…