New Case Law Lists

Sorry for the catch-all posting, but I have uploaded several new resources to my website: A list of online contracts cases (emphasizing, in particular, online contract formation). A list of online service provider liability cases (copyright, trademark, 47 USC 230)….

Milwaukee Radio Station Settles 47 USC 230 Lawsuit

The Journal-Sentinel reports today that WTMJ-AM settled a libel lawsuit that appeared to be directly covered by 47 USC 230. A talk radio host, Charlie Sykes, received an email from a listener and then reposted the letter on his blog….

Kevin Kelly on the Web’s Past, Present and Future

Kevin Kelly writes a fantastic essay at Wired on the Internet circa 1995, 2005, and 2015. It’s an excellent read, so I won’t spoil all of the fun. However, two passages of particular note. First, he hits the nail on…

Bellia on Spyware, and Searcy v. Microsoft

Patricia Bellia of Notre Dame Law School recently posted a paper on spyware and surveillance laws, Spyware and the Limits of Surveillance Law. She challenges those who believe that the Electronic Communications Privacy or the Computer Fraud and Abuse Act…

Ripoffreport.com Wins 47 USC 230 Case

Whitney Information Network, Inc. v. Xcentric Ventures, LLC, 2005 WL 1677256 (M.D. Fla. Jul 14, 2005). The plaintiff runs real estate training programs. The defendants run ripoffreport.com and ripoffrevenge.com where consumers can submit complaints about businesses. The consumers write the…

FTC Cracks Down on Porn Spam

The FTC has brought enforcement actions against seven companies for violating failing to include the “SEXUALLY-EXPLICIT” label on emails where such labels are required under CAN-SPAM and the implementing FTC regulations (as well as other violations of CAN-SPAM). Four of…

Gosbee v. Martinson–Trial Court Motion to Dismiss Reversed on Appeal

Gosbee v. Martinson, 2005 ND APP 10 (N.D. Ct. App. July 6, 2005). This is the latest ruling in a RICO action based on the “Spy Wiper” software program. The plaintiff alleges that the defendants hijacked his computer to create…

Shocking Revelations About BitTorrent

By Mark Schultz Ernest Miller, Ed Felten, and I (clearly the lesser blogger of the three) have been blogging about what happens to BitTorrent after Grokster. Ernie Miller has discovered a circa 2001 cybermanifesto in which BitTorrent creator Bram Cohen…

More on BitTorrent and Grokster

Mark Schultz Ernest Miller notes that I should address the new trackerless BitTorrent and BitTorrent search created by Cohen. He was right. So, here goes. As Wired News reported a few weeks back, Bram Cohen and fellow developers released two…

Important 2d Circuit Adware Case–1-800 Contacts v. WhenU

1-800 Contacts, Inc. v. WhenU.com, Inc., Docket Nos. 04-0026-cv and 04-0446-cv (2d Cir. June 27, 2005). Overshadowed by yesterday’s Grokster mania, the Second Circuit finally issued an important ruling about WhenU’s liability for trademark infringement. The court found that WhenU…