Click Fraud Lawsuit Survives Motion to Dismiss–Payday Advance v. FindWhat
…met with some success; the defendants eliminated 5 out of the plaintiff’s 6 claims (at least temporarily). However, the most dangerous claim–breach of contract–survived the motion to dismiss. This case…
Dumb Domain Name Dispute Du Jour–Korb v. Maxmedia
…court’s writeup of the facts, there’s no way that Korb is going to keep the domain name (probably based on breach of contract, but maybe other theories too). So this…
Can A Spider Enter Into A Binding Contract?–Internet Archive v. Shell
…In Internet Archive v. Shell, No. 06-cv-01726-LTB-CBS (D.Col. 2/13/2007), the Colorado federal district court decided that more facts were needed and refused to dismiss the breach of contract claim for…
Search Engines Defeat “Must-Carry” Lawsuit–Langdon v. Google
…In the end, the court dismissed all of Langdon’s claims against Google, Yahoo and MSN except one. Unfortunately for Google, the court didn’t dismiss Langdon’s breach of contract claim at…
Nov. 2006 Quick Links
…information,” “your information is protected both online and offline” and it protected data “with the best encryption software in the industry – SSL.” Yet, Guidance suffered a security breach that…
Sex.com — An Update
…went after Network Solutions as the domain name registrar, alleging breach of contract and conversion. The district court rejected the claims, but on appeal, Judge Kozinski reversed the conversion claim…
Acxiom Not Liable for Security Breach–Bell v. Acxiom
…stored on their computers. Between 2001-2003, they suffered a major security breach when a bad actor (now in jail) extracted personal data and resold it to marketers. Bell brought a…
eBay User Agreement Upheld, Part II–Durick v. eBay
…account. Instead of seeking reinstatement, the plaintiff ran to the courthouse, claiming that eBay was in breach of contract by suspending him because his auction items didn’t violate the user…
Adware, Spam and Some of My Other Favorite Topics
…the ACPA, fraud and breach of contract claims, but they do get SJ on the false advertising claim. Rebecca has the recap. * According to Reuters, Bertelsmann is paying $60…
Doe v. MySpace.com — Continued
…a federal court, so MySpace may be in for a fight on this issue. The negligence count further alleges that this breach of duty was the proximate cause of the…