New Advertising & Marketing Law Casebook Available for Review
By Eric Goldman For the past 2+ years, Rebecca Tushnet and I have been writing a brand-new casebook on Advertising & Marketing Law. Although some advertising/marketing law textbooks cater to undergraduate classes (such as those in journalism schools, marketing departments…
Claims Against Mylife.com for Allegedly Luring Users to Sign up Using “Your Friend is Looking for you” Emails Proceed — Clerkin v. Mylife
[Post by Venkat Balasubramani] Clerkin v. Mylife.com, C 11-00527 CW (N.D. Cal. Aug 15, 2011) I do not understand the lure of the “your friend is looking for you . . . sign up to our network to find out…
Mixed DMCA Online Safe Harbor Ruling in Cloud-Based Music Locker Case–Capitol v. MP3Tunes
By Eric Goldman Capitol Records, Inc. v. MP3Tunes, LLC, 2011 WL 3667335 (SDNY Aug. 22, 2011). Background. This case involves MP3Tunes.com and Sideload.com. MP3Tunes is a music storage locker. Small lockers are free, but more storage is available at a…
Court Affirms Robust ISP Protection For Blocking Bulk Emails — Holomaxx v. Microsoft/Yahoo
[Post by Venkat Balasubramani] Holomaxx v. Microsoft, 2011 WL 3740813 (N.D. Cal. Aug, 23, 2011) [pdf] Holomaxx v. Yahoo, 2011 WL 3740827 (N.D. Cal. Aug, 23, 2011) [pdf] Eric and I both previously posted on the Holomaxx cases, where Holomaxx…
Consumer Reviews at “Local” Review Sites Don’t Support Jurisdiction–Wilkerson v. RSL
By Eric Goldman Wilkerson v. RSL Funding, LLC, 2011 WL 3516147 (Tex. App. Ct. Aug. 11, 2011) It doesn’t bring me a lot of joy to blog another Internet jurisdiction case, but the dispute’s substantive issues are important enough to…
Deep Packet Inspection Lawsuits: NebuAd Partner ISP Wins Summary Judgment — Kirch v. Embarq
[Post by Venkat Balasubramani with comments from Eric] Kirch v. Embarq, 10-2047-JAR (D. Kan. Aug. 19, 2011) The fallout from Nebuad’s ill-fated deep packet inspection continues to percolate through the courts. Plaintiffs sued NebuAd and ISPs in the same forum…
Federal Geolocation Bills Differ on Scope and Damages (Guest Blog Post)
By Sonya Ziaja [Sonya is an American attorney and MSc. candidate at University of Oxford. She writes regularly for LegalMatch and Shark. Laser. Blawg.] Congress will be considering at least two geolocation privacy bills this term. The bipartisan Geolocation Privacy…
Connecticut Court of Appeals Tackles Authentication of Facebook Messages — State v. Eleck
[Post by Venkat Balasubramani] State v. Eleck, (AC 31581 (Conn. Ct. App. Aug 9, 2011) There have been several recent cases that deal with the authentication of social networking evidence. The Connecticut Court of Appeals recently tackled the issue of…
Another Lawsuit over Flash Cookies Fails — Bose v. Interclick
[Post by Venkat Balasubramani, with comments from Eric] Bose v. Interclick, Inc., et al., 10-cv-09183-DAB (S.D.N.Y. Aug. 17, 2011) Bose sued Interclick, an advertising network, and various advertisers (including McDonald’s, Mazda and Microsoft) over “flash cookies” and “history sniffing.” As…
Backpage Gets 47 USC 230 Defense for Prostitution Ads–M.A. v. Village Voice
By Eric Goldman M.A. v. Village Voice Media Holdings LLC, 2011 WL 3607660 (E.D. Mo. Aug. 15, 2011) M.A. was the victim of a convicted sexual trafficker, Latasha Jewell McFarland. M.A. alleges that McFarland created child pornography of M.A., posted…