Q3 2014 Quick Links, Part 1 (RTBF, Reviews, IP & More)

Q3 2014 Quick Links, Part 1 (RTBF, Reviews, IP & More)

Right to Be Forgotten * U.S. Attitudes Toward the ‘Right to Be Forgotten’: 1. Sixty-one percent of Americans believe some version of the right to be forgotten is necessary. 2. Thirty-nine percent want a European-style blanket right to be forgotten,…

Washington State Supreme Court Hears an Interesting Privacy Case: Dillon v. Seattle Deposition Reporters

Washington State Supreme Court Hears an Interesting Privacy Case: Dillon v. Seattle Deposition Reporters

This is a super interesting case that’s working its way through the courts in Washington. In a nutshell, T-Mobile was a defendant in a breach of contract lawsuit brought by NetLogix in the Western District of Washington. T-Mobile was represented…

Employer Isn't Liable When Former Employee Linked His Apple Accounts To Its Devices--Sunbelt v. Victor

Employer Isn’t Liable When Former Employee Linked His Apple Accounts To Its Devices–Sunbelt v. Victor

Victor worked at Sunbelt as a sales rep but left to join a competitor. His former employer is suing him for trade secret misappropriation. Victor asserted privacy-based counterclaims. Sunbelt assigned him an iPhone and an iPad. He created an Apple…

It's Not Possible To Steal Facebook 'Likes'--Mattocks v. BET

It’s Not Possible To Steal Facebook ‘Likes’–Mattocks v. BET

In 2008, Plaintiff Stacey Mattocks developed an (initially unofficial) Facebook page focusing on “The Game,” a television series initially aired on CW and later acquired by BET. In 2010, BET contacted Mattocks and hired her as a part-time worker, paying…

Announcing the Second Edition of "Advertising & Marketing Law: Cases and Materials" by Tushnet & Goldman

Announcing the Second Edition of “Advertising & Marketing Law: Cases and Materials” by Tushnet & Goldman

Rebecca Tushnet and I are pleased to announce the release of Advertising & Marketing Law: Cases and Materials, second edition (2014). It’s available at Gumroad as a $11.50 DRM-free download (PDF version / epub mobile device version) and other outlets….

Conviction for Posting Pages From Teenager's Diary Via Mail and Facebook Partially Reversed

Conviction for Posting Pages From Teenager’s Diary Via Mail and Facebook Partially Reversed

The defendant, Teri Buhl, was prosecuted under a bizarre set of facts. Buhl, a journalist, was in a relationship with P (the opinion does not identify him, but Buhl’s account of the case, linked below, does). P’s daughter kept a…

When Is It Appropriate For Teachers To Call Students "Rat-Like" or "Dunderheads" in a Pseudonymous Blog? Never.

When Is It Appropriate For Teachers To Call Students “Rat-Like” or “Dunderheads” in a Pseudonymous Blog? Never.

Natalie Munroe was a teacher in Central Bucks School District. She received good reviews over the years. In 2009, she started a blog, Where are we going, and why are we in this hand basket? (last post, April 2014) She blogged as…

Stalking Conviction For Friending a Prosecutor's Facebook Friends?--State v. Moller

Stalking Conviction For Friending a Prosecutor’s Facebook Friends?–State v. Moller

Online stalking and threats are hot topics today, especially in light of the Supreme Court granting cert in US v. Elonis (we plan to recap that case before oral arguments). Today’s case highlights the grey area between veiled threats and…

Griping Blogger Can Show Photo Of Griping Target–Katz v. Chevaldina

Chelvadina griped about Raanan Katz on her blog. As is common practice for bloggers, Chelvadina included a headshot photo of Katz. The court says the photo is unflattering (I’ll let you decide). Chevaldina found the photo on an Israeli website…

Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights

Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights

This is a lawsuit alleging that LinkedIn improperly mined users’ contact lists and sent them repeated invitation emails. While Judge Koh eliminated the Stored Communications Act and California anti-hacking statute claims, a chunk of the lawsuit remains. Harvesting contact lists…