Online Reputation and its Implications for Online User Agreements

By Eric Goldman Shmuel Becher and Tal Zarsky, E-Contract Doctrine 2.0: Standard Form Contracting in the Age of Online User Participation Right now, the rules applicable to online user agreements are a doctrinal mess. We want to encourage businesses and…

Taking Intangible Electronic Files is Criminal Fraud–NM v. Kirby

By Eric Goldman New Mexico v. Kirby, 2007-NMSC-034 (N.M. June 13, 2007) This is a very confusing case, so maybe you can help me figure out what it means. At minimum, this case highlights the problems that can be arise…

Ninth Circuit Strikes Down Contract Amendment Without Notice–Douglas v. Talk America

By Eric Goldman Douglas v. US District Court ex rel Talk America, No. 06-75424 (9th Cir. July 18, 2007) In this case, the plaintiff initially procured telephony services from AOL, which subsequently sold its telephony business to Talk America. Talk…

Patent Contingency Fee Agreements

By Eric Goldman Patent litigation is hot, but I rarely see much discussion about the fee agreements used by patent litigants. So I was very interested to hear Stephen Susman (from the well-known Susman Godfrey firm) speak at the May…

SAP Has Bad News in Oracle Lawsuit, But Tries to Bury It

By Eric Goldman Oracle Corp. v. SAP AG, Case No. 07-CV-1658 MJJ (N.D. Cal. answer filed July 2, 2007) You’re an international corporate giant with some bad news in a high-profile case that you want to bury. What do you…

June 2007 Quick Links

By Eric Goldman Email * Spam cases are coming at a regular clip, and it’s tricky divining the latest state of the law. Two recent cases that caught my attention: – US v. Impulse Media Group, 2007 WL 1725560 (W.D….

Cavazos Presentation on Open Source

By Eric Goldman At the UT Austin Technology Law Conference in May, Ed Cavazos spoke about open source issues. He proffered seven common myths about open source: #1: the phrase “open source” is meaningful, or developers understand all this so…

May 2007 Quick Links

By Eric Goldman Spam * MySpace Inc. v. The Globe.com Inc., No. CV 06-3391 RGK (C.D. Cal. Feb. 27, 2007). This case has some personal interest because theglobe.com was one of my flagship clients before I left the law firm…

“Last Call” Draft of GPL3 is Posted

By John Ottaviani The Free Software Foundation posted the “last call” draft of version 3 of the GPL on its website yesterday for comment. The General Public License (GPL) is one of the most widely used open source licenses. Version…

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…