The Sex Tape Problem…and a Possible Legislative Solution?

By Eric Goldman An inescapable fact of the digital era is that people will be depicted in digitized sex videos (“sex tapes”) that they wish did not exist. Sex tapes can be classified into a variety of types: * sex…

April 2008 Quick Links

By Eric Goldman Anti-Gaming * Even though Ticketmaster won its lawsuit, Minnesota overreacted to the Hannah Montana ticket crush by banning software to circumvent an online ticket allocation process. See Sec. 609.806. Check out the hyperbole in this press release!…

47 USC 230 Trifecta of Cases–Friendfinder, e360insight, iBrattleboro

By Eric Goldman 47 USC 230 cases have been coming at such a rapid clip that I’ve fallen behind. In this blog post, I’ll catch up on three recent cases: Friendfinder Doe v. Friendfinder Network, Inc., 2008 WL 803947 (D.N.H….

Caf√©Press Denied 230 Motion to Dismiss–Curran v. Amazon

By Eric Goldman Curran v. Amazon.com, Inc., 2008 WL 472433 (S.D. W.Va. Feb. 19, 2008) Erik Curran was a National Guard soldier who served in “a combat zone.” For reasons unclear from this opinion, he was photographed by an unspecified…

Yale Reputation Economies Symposium Recap

By Eric Goldman Reputation is a hot topic in Cyberlaw circles, so the Yale ISP conference on Reputation Economies in Cyberspace came at a propitious time. Some of my meta-observations from the talks. 1) We lack a uniformly accepted definition…

The Future of Reputation: Gossip, Rumor, and Privacy on the Internet: Ackerman’s Review of Daniel Solove’s Newest Book on Privacy and the Internet

My slightly incented [FN1] take on Dan Solove’s most recent book: The Future of Reputation: Gossip, Rumor, and Privacy on the Internet. by Ethan Ackerman Unfortunately, I have to advise against beginning to read this book late on a Friday…

Search Redirection Tool Could Be Trespass to Chattels–Burgess v. EForce

By Eric Goldman Burgess v. EForce Media, Inc., 2007 WL 3355369 (W.D.N.C. Nov. 9, 2007) Every now and then a consumer goes on a me-vs.-the-world bender and decides to unilaterally save society by suing everyone in sight. Burgess’ anger over…

Blogger Wins Lawsuit Over Gripe Post–BidZirk v. Smith

By Eric Goldman BidZirk, LLC v. Smith, 2007 WL 3119445 (D.S.C. Oct. 22, 2007) I have previously blogged about BidZirk v. Smith, a flagship example of how a pernicious and misguided plaintiff with a thin skin can ruin a blogger’s…

Interesting Contract Interpretations in Eighth Circuit Fantasy Baseball Case–CBC v. MLB

By Eric Goldman CBC Distribution and Marketing, Inc., v. Major League Baseball Advanced Media, L.P., No. 06-3357/3358 (8th Cir. Oct. 16, 2007) You’ve already heard about this case, which held that MLB’s right of publicity claim against a fantasy baseball…

September 2007 Quick Links Part I

By Eric Goldman Marketing * From the NYT: There are 200+ auto repair shops in the “Iron Triangle” area in New York, and apparently they compete fiercely with each other, shouting out price quotes as cars needing repairs drive by….