Online Sports Ticketing Exchange Wins Dismissal Under Website User Agreement — Duffy v. The Ticketreserve, Inc.

[Post by Venkat] Duffy v. The Ticketreserve Inc. (FirstDIBZ.com), Case No. 09 C 1746 (N.D. Ill. July 6, 2010) FirstDIBZ.com operates an online market place where end users can “buy, sell, and trade options to purchase tickets to sporting events.”…

Idaho District Court Dismisses CAN-SPAM Claims Due to Non-ISP Status — Melaleuca, Inc. v. Hansen

[Post by Venkat] Melaleuca, Inc. v. Hansen, Case No. CV 07-212-E-EJL-MHW (D.Id; June 29, 2010) A federal magistrate judge in the District of Idaho dismissed spam claims brought by Melaleuca, Inc., in a (recommended) decision that’s not particularly noteworthy, except…

Steps to ‘Internet-Proof’ Your Cease and Desist Letter

[Post by Venkat] I posted a ways back at Avvo’s blog about how the internet increasingly affects litigation by shining the light on abusive lawsuits or those that overreach. I didn’t mention something related that has become fairly common, and…

The FTC Dings Twitter’s Security Practices — What Does This Mean for Everyone Else?

[Post by Venkat] In the Matter of Twitter, Inc. (FTC; June 24, 2010) (Consent Order) (FTC Press Release) Twitter recently agreed to a consent order with the FTC that requires Twitter to implement a variety of security measures with respect…

Use of Multiple (Even Random or Garbled) Domain Names to Bypass Spam Filter Does not Violate Cal. Spam Statute — Kleffman v. Vonage

[Post by Venkat] Kleffman v. Vonage Holdings Corp., Case No. S169195 (Calif. Supreme Ct.; June 21, 2010) The California Supreme Court issued its opinion in Kleffman v. Vonage, a case certified from the Ninth Circuit. The California Supreme Court held…

MySpace Photo and Internet Gang Roster Evidence Improperly Admitted — People v. Beckley

[Post by Venkat] People v. Beckley, Case No. B212529 (Cal. Ct. App. June 9, 2010) Two defendants were convicted of a gang-related homicide in this case. MySpace Photos: The girlfriend of one of the defendants offered an alibi that one…

Judge Kocoras Cuts Down $11MM Award Against Spamhaus to $27,000 — e360 v. Spamhaus

[Post by Venkat] e360 Insight, LLC v. The Spamhaus Project, (N.D. Ill June 11, 2010) e360 v. Spamhaus is one of these cases that’s been around so long it feels like an old friend. A few years ago, e360 got…

West Virginia Appeals Court Grants New Trial Based in Part on Undisclosed MySpace Friendship — State v. Dellinger

[Post by Venkat] State v. Dellinger, Case No. 35273 (Va.Ct. App. June 3, 2010) Dellinger is a criminal case where the defendant was accused of channeling funds (which were intended for the purpose of hiring additional DUI-enforcement personnel) to pay…

Judge Offers to Facebook ‘Friend’ Witnesses in Order to Resolve Discovery Dispute — Barnes v. CUS Nashville

[Post by Venkat] Barnes v. CUS Nashville, LLC, (M.D. Tenn) (June 3, 2010) I mentioned Barnes v. CUS Nashville in my post about Crispin v. Audigier, a case where a court found that production of private Facebook messages and postings…

9th Circuit Affirms Rejection of Data Breach Claims Against Gap — Ruiz v. Gap

[Post by Venkat with a few comments from Eric at the bottom] Ruiz v. Gap, Inc. (9th Cir. May 28, 2010) In a decision that does not bode well for plaintiffs bringing privacy-based claims against Facebook in California, the Ninth…