H1 2013 Quick Links, Part 4 (Miscellaneous)

By Eric Goldman and Jake McGowan CFAA/Trespass * My colleague Kyle Graham traces the early history of California Penal Code Sec. 502. * Andrew Sellars on the Aaron Schwartz prosecution and Rep. Lofgren’s proposed Aaron’s Law. Related blog post. Consumer Protection * Interesting…

H1 2013 Quick Links, Part 2 (Privacy, Search Engines)

By Eric Goldman and Jake McGowan Privacy * Transcript of court hearing in California v. Delta Airlines.  Judge’s ruling starts p. 20. The case archive. * Fleischer v. NYP Holdings, Inc., 2013 WL 1105005 (N.Y.A.D. Mar. 19, 2013): “Plaintiff’s third and…

H1 2013 Quick Links, Part 1 (IP)

By Eric Goldman and Jake McGowan Copyright * France is scaling back its three-strikes policy because “suspending Internet connections was incompatible with the French government’s hopes of spurring growth in the digital economy.”  Given its horrendous track record of anti-Internet regulations,…

N.Y. Yankees Block Clothing Manufacturer’s “Baseball’s Evil Empire” Trademark Registration (Catch-Up Post)

By Jake McGowan [writings][LinkedIn] New York Yankees Partnership v. Evil Enterprises, Inc., TTAB Opposition No. 91192764 (TTAB Feb. 8, 2013) With nagging injuries to several key starters, it looks like the New York Yankees are in for a long season….

Lindsay Lohan Loses Publicity Rights Claim Against Pitbull Over Song Lyrics–Lohan v. Perez

By Jake McGowan [writings][LinkedIn] Lohan v. Perez, No. 11-CV-5413 (E.D.N.Y. 2013) Lindsay Lohan just can’t catch a break. In 2007, after a string of unsuccessful movies and a long battle with substance abuse, Lohan found herself on probation for two…

“Heisman Pose” Photographer Sues for Copyright Infringement – Masck v. Sports Illustrated, et al.

By Jake McGowan [writings][LinkedIn] Masck v. Sports Illustrated, et al., 2:13-cv-10226-GAD-DRG (E.D. Mich. complaint filed Jan. 18, 2013) On his journey to winning the Heisman Trophy for the 1991 season, University of Michigan’s Desmond Howard returned a punt 93 yards…

Update: Facebook Countersues Profile Technology For Contract Breach–Facebook v. Profile Technology

By Jake McGowan [writings][LinkedIn] Facebook, Inc. v. Profile Technology, Ltd., C 13-0459 (N.D. Cal. complaint filed Feb. 1, 2013) Back in December, we blogged about a suit brought by Profile Technology against Facebook, alleging that Facebook had breached an agreement…

Anti-Scraping Lawsuits Are Going Crazy in the Real Estate Industry (Catch-Up Post)

By Jake McGowan with comments from Eric [Eric's preliminary note: it's taken me weeks to review this blog post, so I've been keeping poor Jake in a holding pattern. Still, I hope the wait is worth it.] The real estate…

Search Engine Developer Sues Facebook for Disallowing Access to User Data — Profile Technology v. Facebook (Catch-Up Post)

By Jake McGowan Profile Technology, Ltd. v. Facebook, Inc. (Complaint) Web developers sometimes try to enhance the functionality of an already-popular social network. But this typically requires permission to access the social network’s information, which is not always easy to…

District Court Smacks Down Another “Avatar” Copyright Infringement Claim — Schkeiban v. Cameron

By Jake McGowan Schkeiban v. Cameron, No. 2:12-cv-00636 (C.D. Cal. 2012) As of this post, James Cameron’s movie Avatar has grossed roughly $2.78 billion. And as the old saying goes, “where there’s a hit, there’s a writ.” Given the film’s…