Sending Emails Isn't Workplace Stalking--People v. Marian

Do you remember the 1990s debates over whether cyberspace is a “place,” and why that might matter? Yeah, we’re back to that. This case involves N.Y. Penal Law § 120.45(3), which occurs when a person (emphasis added): intentionally, and for…

Clickthrough Agreement Upheld--Whitt v. Prosper

I’m way behind in blogging clickthrough agreement cases, but I’m prioritizing this opinion because of its simplicity. Whitt, who is deaf, sought a loan via a “peer-to-peer lending service” called Prosper. To confirm his identity, Whitt needed to make a…

Troubling Trademark Ruling Over Amazon's Internal Search Results--MTM v. Amazon (Forbes Cross-Post)

When a consumer asks a retailer for a product the retailer doesn’t carry, how should the retailer respond? A recent federal appellate court opinion suggested that Amazon.com gave the wrong answers to consumers searching for a watch brand that it…

Congress Should MOVE To Restrict Employee Non-Compete Clauses (Forbes Cross-Post)

Newly hired employees routinely must accept non-compete restrictions as a condition of employment, but don’t interpret the ubiquity of non-compete clauses as a signal that they are a good idea. By restricting future competition for employees’ labor, employee non-competition clauses…

Confusion From Competitive Keyword Advertising? Fuhgeddaboudit

[Note: I wrote this post over the weekend, before the atrocious MTM v. Amazon case. I think virtually all of this post remains current despite that ruling. I’ll blog the MTM case separately.] I’ve been chronicling the futility of competitive…

Lawyer Loses License Due To Overzealous Social Media Activism For Client--In re McCool

Raven Skye Boyd Maurer and attorney Joyce Nanine McCool were friends. Raven had a bitter custody dispute with her ex-husband. Among other points of contention, Raven accused her ex-husband of sexually abusing the kids. Raven sought to terminate his parental…

DMCA 512(c) Formalities Strike Again--BWP v. Hollywood Fan Sites

I previously blogged this case, so see my earlier post for background. This week’s ruling focuses purely on the 512(c) safe harbor’s requirement that online services designate an agent for service of notice with the Copyright Office. Defendant #1 can…

Q2 2015 Quick Links, Part 2 (Censorship and More)

Content Regulation * Oxera: The economic impact of safe harbours on Internet intermediary start-ups * South Korea is mandating that all cellphones sold to minors have an app called “Smart Sheriff” that censors their online experience. What could possibly go…

Q2 2015 Quick Links, Part 1 (IP, Marketing and More)

Copyright * The dominant media storyline about the Mayweather-Pacquiao boxing match was the fight’s widespread illicit availability on the livestreaming apps Periscope and Meerkat. But this should have been the dominant storyline instead: An estimated 4.4 million viewers paid a…

When Can Defendants Defeat A Criminal Threat Prosecution By Claiming They Were Joking? Not Often

The “Twitter joke trial,” where a UK man was prosecuted for joking about blowing up an airport, made waves and resulted in widespread criticism, but recent cases in the US show that prosecutions for jokey threats over social media are…