Court Nukes Another Mass Defendant File-Sharing Lawsuit — Digiprotect v. Does

[Post by Venkat Balasubramani] DigiProtect USA v. Does, 10 Civ. 8760 (S.D.N.Y.; Sept. 26, 2011) Plenty of bad news for copyright plaintiffs lately. Righthaven is getting hammered left and right and is struggling (to say the least) to keep any…

Ca. Court of Appeal Vacates $100,000 Non-Party Discovery Sanction Against Facebook — In re J.G.

[Post by Venkat Balasubramani] In re J.G., A128898; A129157 (Ca Ct. App.; Sept. 30, 2011) Background: This involved a juvenile proceeding where J.G., a minor, was charged with the offenses of forcible sexual penetration and false imprisonment. During the proceedings,…

9th Cir.: ECPA Protects Non-Citizen Communications Stored in the US — Suzlon Energy v. Microsoft

[Post by Venkat Balasubramani] Suzlon Energy Ltd. v. Microsoft Corp., 10-35793 (9th Cir. Oct. 3, 2011) [pdf] Suzlon Energy sought emails from Microsoft for use against Sridhar, an Indian citizen, in a civil lawsuit pending in Australia. It filed a…

Re-registration of Domain Name is not a “Registration” Under the ACPA — GoPets Ltd. v. Hise

[Post by Venkat Balasubramani] GoPets Ltd. v. Hise, 08-56110; 08-56112 (9th Cir. Sept. 22, 2011) Although Eric is not a big fan of them, the Ninth Circuit has produced a slew of domain name opinions this year. GoPets Ltd. v….

Pennsylvania Appeals Courts Says no to Circumstantial Authentication of Text Messages — State v. Koch

[Post by Venkat Balasubramani] State v. Koch, 2011 PA Super 201 (Sept. 16, 2011) Courts continue to struggle with the authentication of electronic communications. Although several courts have opined that the rules of authentication are not upended by new technologies…

Court Declines to Dismiss or Transfer Lawsuit Over @OMGFacts Twitter Account — Deck v. Spartz, Inc.

[Post by Venkat Balasubramani] Deck v. Spartz, Inc., 11-Cv-1123 (E.D. CA.; Sept. 27, 2011) I posted about the lawsuit involving the @OMGFacts Twitter account some time ago. (“Thoughts on the Lawsuit Over the @OMGFacts Twitter Account.”) The account was created…

In Facebook’s Lawsuit Against Alleged Spammer, Court Denies MaxBounty’s Motion to Dismiss

[Post by Venkat Balasubramani] Facebook v. MaxBounty, 10-Cv-04712 (N.D. Cal. Sept 14, 2011) Facebook is suing MaxBounty for allegedly running an affiliate network which dupes people into fanning Facebook pages, promoting the page to their friends, and signing up for…

Gilbert Arenas’ Tweets Sinks His Motion to Enjoin “The Basketball Wives” — Arenas v. Shed Media

[Post by Venkat Balasubramani] Arenas v. Shed Media, CV 11-05279 (C.D. Cal.; Aug 22, 2011) Arenas is a basketball player for the Orlando Magic. He goes by various nicknames, including “Agent Zero, Agent Arenas, and Hibachi.” Arenas and Laura Govan…

iPhone Privacy Class Action Dismissed for Lack of Standing — In re iPhone App. Litigation

[Post by Venkat Balasubramani] In re iPhone Application Litigation, 2011 WL 4403963 (N.D. Cal.; Sept. 20, 2011) iPhone users sued Apple and various advertising networks alleging that defendants violated their privacy rights “by . . . allowing third party applications…

Court Revisits and Dismisses Fair Credit Reporting Act Lawsuit Against Spokeo — Robins v. Spokeo, Inc.

[Post by Venkat Balasubramani] Robins v. Spokeo, Inc., 10-CV-05306 (C.D. Cal.; Sept. 19, 2011) Spokeo collects information about individuals and allegedly markets this information to employers and HR professionals. Robins sued Spokeo in a putative class action, alleging violations of…