By Eric Goldman David Post, Scott Christie and I have filed an amicus brief in New York v. Direct Revenue LLC, No. 401325/06 (N.Y. Supreme Ct.), one of Spitzer’s office’s high-profile enforcement actions against adware companies. Among other aggressive positions,…

By Eric Goldman Durick v. eBay, 2006 WL 2672795 (Oho Ct. App. Sept. 11, 2006) I didn’t anticipate this being eBay Law Week, but these issues often seem to arise in cycles. Yesterday I blogged on the Nazaruk case, which…

By Eric Goldman Nazaruk v. eBay, 2006 WL 2666429 (D. Utah Sept. 14, 2006) Another lawsuit involving the eBay feedback forum. In this case, the pro se plaintiff alleges that eBay and the feedback submitter deprived her of her civil…

…I think plans A & B in an alleged commercial spammer’s legal defense (the Dormant Commerce Clause and First Amendment challenges) have now taken enough hits to be declared at least in the coffin, if not dead. Why? In the case of the Dormant Commerce Clause, it isn’t the slow accretion of adverse cases swaying the tide of legal thinking, as with First Amendment Cases, but an intuitively and legally obvious reason I explain below. While plans A&B lay near death, courts (much like they have been doing for the last 200-plus years) are still struggling with notions of jurisdiction. As a result, plan C (resisting the jurisdiction of an out-of-state court) looks to remain a source of continued litigation between spammers and those who would sue them…

By Eric Goldman Yesterday I gave a talk called “Internet Law Updates” at an event sponsored by the California State Bar’s IP Section. My slides.

By Eric Goldman I wanted to see what was going on now at the Grokster website, so I checked out www.grokster.com today. I got this stern lecture: The United States Supreme Court unanimously confirmed that using this service to trade…

By Eric Goldman KinderStart v. Google, Case 5:06-cv-02057-JF (N.D. Cal. second amended complaint filed Sept 1, 2006) After its last complaint was dismissed in its entirety, not surprisingly KinderStart is trying again with a second amended complaint—a 63 page behemoth….

By Eric Goldman The FTC announced today that Xanga.com had settled charges that it violated the Children’s Online Privacy Protection Act (COPPA). The settlement includes, among other remedies, a payment of $1 million–by far the largest fine in a COPPA…

By Eric Goldman There has been a flurry of interesting legal developments in the last few days: * The plaintiffs voluntarily and unilaterally dismissed (with prejudice) Simios v. 180solutions, one of several putative class actions against adware vendors. See the…

By Eric Goldman Today I attended the California Supreme Court’s oral argument in the Barrett v. Rosenthal case. A short recap of the case: Bolen sent an email to Rosenthal that is allegedly defamatory of the plaintiff. Rosenthal then forwarded…