Illinois Court Enforces Dell’s Website Terms and Conditions of Sale
By John Ottaviani Dell Computers has contributed to the growing body of cases finding that “browse-wrap” contracts (terms and conditions posted on a website that do not necessarily require one to click on an “I agree” or “I accept” button)…
Alaska Governor Signs Anti-Adware Law
No surprise, but Gov. Murkowski signed SB 140 into law yesterday, enacting the most problematic anti-adware law to date. In signing the law, the governor said: “By signing this bill, I am sending a strong message that we will not…
LA County Busts Warez Trader
Internet News reports that Jed Frederick Kobles, a Los Angeles warez trader, pleaded guilty to a single count of grand theft after being busted by Los Angeles County High Tech Crimes Unit. I am having a hard time understanding this…
White Buffalo – the 5th Circuit hits on LonghornSingles.com
This two-part post it going to take a rather detailed look at the 5th Circuit’s opinion in this unique case, talking in Part One about the CAN-SPAM Act and how the court applies it in this case.
Guest Blogger Ethan Ackerman
I’m pleased to introduce Ethan Ackerman as a guest blogger. Ethan Ackerman is an attorney in Washington DC and previously has been a legislative and technology counsel in the US Senate. He wrote portions of the CAN-SPAM Act and was…
Blog Content Aggregation, RSS Feeds and Copyright Law
At Search Engine Strategies, we discussed the problem of aggregators and spammers taking blog content and using it to build aggregation pages (with AdSense links, naturally) that compete with the source blog for traffic. In some cases, these aggregation pages…
Steinbuch v. Cutler Update–Cutler’s Motion to Dismiss
You may recall Steinbuch v. Cutler, where a Washington staffer blogged about her modestly-scandalous sexual experiences with a Senator’s counsel. For the voyeurs, I’ve uploaded Cutler’s motion to dismiss the lawsuit filed last month. The principal grounds for dismissal include…
Gripers 1, Initial Interest Confusion 0–Lamparello v. Falwell
Lamparello v. Falwell, No. 04-2011 (4th Cir. Aug. 24, 2005). Following on the Ninth Circuit Bosley opinion from earlier this year, gripe sites won another important victory yesterday in the Fourth Circuit. This ruling is significant not only because it…
Alaska Anti-Adware Law Finally Sent to Governor
BNA reports (BNA subscription required) that the anti-adware law passed by the Alaska legislature back in May was sent to the governor August 19. The article intimates that the hold-up was due to some behind-the-scenes lobbying by Google, Yahoo and…
What 50 Cent Really Said–Use the Term “50” and You’ll Hear From My Lawyer
Jackson v. Gary Barbera Enterprises, Inc. (E.D. Pa. complaint filed Aug. 2005). A car dealer in Philadelphia runs an advertisement for Dodge Magnums. Included is a picture of the popular rapper 50 Cent and the phrase “Just Like 50 Says.”…