Search Engine Legal Developments to Watch in 2010

By Eric Goldman I recently spoke on a panel about search engines and the law at SMX West. I previewed four major trends in search engine law to watch in 2010: 1) Competition issues. Antitrust/competition law has become a big…

Why I Support HR 4364, the Proposed Federal Anti-SLAPP Bill

By Eric Goldman In mid-December, in a move that got a little lost in the holiday shuffle, Rep. Steve Cohen (D-TN) introduced HR 4364, the “Citizen Participation Act of 2009,” proposing a federal anti-SLAPP law. This blog post explains why…

February 2010 Quick Links

By Eric Goldman Copyright * Mavericks Recording Co. v. Harper (5th Cir. Feb. 25, 2010). 17 USC 402(d) precludes an innocent infringement defense in P2P downloading case when the record companies place proper copyright notices on their works. This is…

Forwarding Defamatory Email with Introductory Comments Protected by 47 USC 230–Phan v. Pham

By Eric Goldman Phan v. Pham, 2010 WL 658244 (Cal. App. Ct. Feb. 25, 2010) This is the first 230 case I’m blogging about in 2010 (see my 2009 recap), and what a nice ruling to start the year. The…

Ripoff Report Sues Blogger, Loses on Jurisdictional Grounds–Xcentric Ventures v. Bird

By Eric Goldman Xcentric Ventures, LLC v. Bird, 2010 WL 447759 (D. Ariz. Feb. 3, 2010). See the initial complaint. I usually find personal jurisdiction rulings mind-numbingly uninteresting, so I try my best to avoid them. However, some personal jurisdiction…

Catching Up With Wikipedia

By Eric Goldman I recently posted the final published version of my article Wikipedia’s Labor Squeeze and its Consequences. In the course of updating the draft, I reviewed the news coverage of Wikipedia from the second half of 2009, and…

Third Circuit Schizophrenia Over Student Discipline for Fake MySpace Profiles

By Eric Goldman J.S. v. Blue Mountain School District, 2010 WL 376186 (3rd Cir. Feb. 4, 2010) Layshock v. Hermitage School District, 2010 WL 376184 (3rd Cir. Feb. 4, 2010) Now that I’m a middle-aged man, I don’t find fake…

January 2010 Quick Links

By Eric Goldman Copyright * An English translation of Google’s December loss in France on a Google Book Search lawsuit. * Ed Felten reports on a survey of files available via BitTorrent. Acknowledging some methodological limits, he estimates ~99% were…

Google and China: Some General Thoughts

By Eric Goldman I have deferred blogging on the Google/China imbroglio for a few reasons. First, heavyweights such as Jonathan Zittrain have tracked International online censorship and online security issues more closely than I have. Second, after Google’s provocative blog…

File Names Can Help Predict File Content in Child Porn Prosecution–US v. Beatty

By Eric Goldman United States v. Beatty, 2009 WL 5220643 (W.D. Pa. Dec. 31, 2009) This is a child porn prosecution. Using Phex P2P software, an undercover investigator accessed the Gnutella network and conducted searches using search terms known to…