Designing Optimal Immunities and Safe Harbors (Forbes Cross-Post)
By Eric Goldman [Note: this is one of those posts that languished in the queue for a few years. Depending on your response, I may decide to turn it into a lengthier academic paper. Please send me your thoughts!] You…
“Regulation of Social Media and Mobile Media” Talk Slides
By Eric Goldman Last month, I spoke at the ABA Antitrust Section’s always-well-done Consumer Protection Conference. This time I was recruited as the provocateur to discuss the challenges of regulating social media and mobile media. Regular readers know where I…
Resetting One of the Longest Running Cyberbullying Cases–DC v. RR (Guest Blog Post)
By Guest Blogger Sruli Yellin [Eric’s introduction: In the course of blogging over the past 8+ years, I’ve read hundreds or even thousands of cases. This case ranks in my top 1% of most interesting and memorable cases. Today, we’d…
Before Graduated Response, There Was BSA’s “Define the Line” Program. What Happened to It? (Guest Blog Post)
By Guest Blogger Sruli Yellin [Eric’s introduction: with the imminent launch of the six strikes/graduated response program from the deceptively named Center for Copyright Information, I thought it might be worthwhile revisiting a prior effort by rightsowners to coopt Internet…
With Its Australian Court Victory, Google Moves Closer to Legitimizing Keyword Advertising Globally (Forbes Cross-Post)
By Eric Goldman Google’s ($GOOG) keyword advertising program, AdWords, has been subject to constant legal challenges for the past decade. After an initial period of legal uncertainty, AdWords’ legal fortunes recently have brightened in the United States and Europe. Earlier this…
Top Ten Internet Law Developments of 2012 (Forbes Cross-Post)
By Eric Goldman I’m pleased to share my list of top 10 developments of 2012: #10: The Push Towards Anti-Class Action Arbitration Clauses. In 2011, the U.S. Supreme Court ruled in AT&T Mobility v. Concepcion that businesses may be able to adopt mandatory…
The FTC’s New Kid Privacy Rules (COPPA) Are a Big Mess (Forbes Cross-Post)
By Eric Goldman Earlier this month, the U.S. Federal Trade Commission (the FTC) promulgated new rules (effectively July 1, 2013) interpreting the Children’s Online Privacy Protection Act (COPPA), and the new rules are a real mess. They are riddled with…
Facebook Isn’t–and Shouldn’t Be–A Democracy (Forbes Cross-Post)
By Eric Goldman In 2009, Facebook ($FB) nominally enabled user governance by obligating itself to honor user votes before making certain site policy changes. This experiment in user self-governance was radical and largely unprecedented–especially given the size of Facebook’s userbase, which…
Facebook’s Proposed Amended Sponsored Settlement and Instagram’s TOS Revs
[Post by Venkat Balasubramani] Fraley v. Facebook, 11-cv-196193 (N.D. Cal.) (Amended Proposed Settlement) (Motion to Approve) (Preliminary Approval) (case docs, compiled by Citizen Media) I initially passed on blogging the amended proposed settlement agreement in Fraley v. Facebook, the Sponsored…
Google Defeats Trademark Challenge to Its AdWords Service–Jurin v. Google (Forbes Cross-Post)
By Eric Goldman Jurin v. Google, Inc., 2012 WL 5011007 (E.D. Cal. October 17, 2012). Google ($GOOG) makes billions of dollars a year selling AdWords ads triggered by third party trademarks. Over the past decade, trademark owners have brought about 20…