New Gripe Site Case–Faegre & Benson v. Purdy

Faegre & Benson v. Purdy, Civil File No. 03-6472 (D. Minn. Apr. 27, 2005). Another ruling in the long-running story of William Purdy, an anti-abortionist who uses extreme forms of gripe sites against his targets. This particular ruling was a…

Yahoo Sued for Allowing Child Porn Operators to Use Site Tools

Yahoo has been sued for allowing child pornographers to communicate with each other using hosting and messaging services from Yahoo Groups. Prediction: Yahoo will win this case on a motion to dismiss based on 47 USC 230. Why? There is…

Schwartz on Adware Advertisers

Ari Schwartz comes out swinging against adware advertisers, saying “Advertisers, too, should be pushed to take greater responsibility for the companies they advertise with.” His remarks raise a number of questions, including: 1) Is there something unique about the adware…

Does AskJeeves Have a Spyware/Adware Problem? Diller Says No. I Say…

Ben Edelman leveled two charges at AskJeeves on Monday. First, Ben asserts that AskJeeves targets kids for toolbar downloads. Second, Ben asserts that an AskJeeves distributor exploits security holes to install the toolbar without consent. This follows on the heels…

Walmart Foundation Uses Copyright to Curtail Griper

The Walmart Foundation has gone after the gripe site “walmart-foundation.org” using 512(c)(3) notices to take down images that the griper took from walmartfoundation.org. A few observations about this: * copyright is an extremely effective tool against gripers. Using a 512(c)(3)…

Grokster Oral Arguments

If you haven’t seen it elsewhere, the transcript from the oral arguments in Grokster.

Talk on 47 USC 230 at Michigan State

I’m going to be talking tomorrow about derivative liability at a conference at Michigan State University Law School. You can see a preview of my talk. Unquestionably, my perspective is colored by my experiences at Epinions!

German Meta-Search Engine May Be Liable for Defamation

Einstmann v. Sharelook Beteiligungen GmbH, LG Berlin, No. 27 O 45/05, 2/22/05. Sorry I’m a little late in picking this up, but a German court has held that a meta-search engine could be liable for defamation. According to the news…

ACLU Considering Challenge to Utah Anti-Internet Porn Law

The ACLU of Utah is considering a constitutional challenge against Utah’s most-recent anti-Internet porn law. Despite Rep. Dougall’s defensiveness, this law is almost certainly unconstitutional, and I’m confident that it will be struck down when scrutinized by the courts. We…

Liability for Labeling Software as Spyware

Ben Edelman’s latest research describes various efforts by software vendors to curtail characterizations of their software as spyware (or a synonym). These bigfoot letters often attempt to distort the information marketplace by forcing the removal of unflattering but potentially accurate…