UCC 2B/UCITA Resurrected–ALI’s Principles of the Law of Software Contracts

By Eric Goldman Let me start with two relatively uncontroversial propositions: 1) UCC Article 2, drafted principally in the 1950s, was designed to govern the sale of tangible items, not software 2) Accordingly, Article 2 fits awkwardly when applied to…

Facebook’s Lawsuit Against Competitive Email Harvesting Continues–Facebook v. ConnectU

By Eric Goldman Facebook, Inc. v. ConnectU LLC, 2007 WL 1514783 (N.D. Cal. May 21, 2007) A universal truth of the digital era: a website displaying user email addresses will be targeted by email harvesters sweeping up those email addresses…

Utah’s “Don’t Email the Kids” Registry a “Financial Failure”

By Eric Goldman A couple of years ago, Utah and Michigan adopted laws creating “don’t email the kids” registries (called the “Child Protection Registry”–see Utah’s and Michigan’s). These laws allow parents to register email addresses held by kids and requires…

Best and Worst Internet Statutes

By Eric Goldman At InformIT, I published an article ranking the best and worst Internet laws. The abstract: “Over the past dozen years, the lure of regulating the Internet has proven irresistible to legislators. In the spirit of good fun,…

March 2007 Quick Links Part 2

By Eric Goldman Yesterday I posted the Google edition of my list of interesting items from March. Today I post the remainder of items that caught my eye last month. Trademarks/Brands * Bosley Medical Institute v. Kremer, 2007 WL 935708…

Oracle v. SAP Lawsuit Comments

By Eric Goldman Oracle Corporation v. SAP AG, 3:07-cv-01658-EMC (N.D. Cal. complaint filed March 22, 2007) I realize I’m a couple weeks late to this story, but it’s too important/interesting a case not to address. TomorrowNow (TN) is a company…

The End is Near – Bertelsmann Settles EMI Claims Over Napster

By John Ottaviani Various sources are reporting that EMI has agreed to settle its copyright infringement lawsuit against Bertelsmann AG related to Bertelsmann’s investment in Napster. The settlement removes the last large record label with claims against Bertelsmann in the…

Sex.com — An Update

By Eric Goldman Judge Alex Kozinski recently guest lectured in my Cyberspace Law course, which prompted me to reread Kozinski’s opinion in the Kremen v. Cohen Sex.com case. Because that opinion came out in 2003, it made me curious–what’s happened…

Alaska’s Anti-Adware Law–A One-Year Status Report

By Eric Goldman A year ago today, Alaska enacted the most expansive anti-adware law to date. This post gives a quick status report on the law. So, what’s happened in the past year? As far as I can tell, nothing….

August 2006 Quick Links (Volume 1)

By Eric Goldman So many good links this month, I’m breaking up this quick links post into two installments. The first installment: * When Internet start-ups want to hire their first lawyer, they typically have three immediate legal needs—they want…