Two Challenges to Fixing Software Patents (Forbes Cross-Post)
By Eric Goldman Software patents play a huge–and controversial–role in our economy. In a recent post, I explained some of the unique problems that software innovations pose to the patent system. This post extends that discussion by exploring two structural…
Minors’ Suit Over Facebook Credits Survives in Part – I.B. v. Facebook
[Post by Venkat Balasubramani with comments by Eric] I.B. v. Facebook, C 12 1894 CW (N.D. Cal. Oct. 25, 2012) Eric posted before about a Facebook sponsored stories lawsuit that was brought on behalf of minors. There, Facebook was confronted…
Search Engine Developer Sues Facebook for Disallowing Access to User Data — Profile Technology v. Facebook (Catch-Up Post)
By Jake McGowan Profile Technology, Ltd. v. Facebook, Inc. (Complaint) Web developers sometimes try to enhance the functionality of an already-popular social network. But this typically requires permission to access the social network’s information, which is not always easy to…
Calling Someone a “Terrorist” Online Is Non-Actionable Opinion–LeBlanc v. Skinner
By Eric Goldman LeBlanc v. Skinner, 2012 WL 6176900 (N.Y.A.D. Dec. 12, 2012) I’ve never heard of Wawayanda, New York before now, but I won’t quickly forget it. The court succinctly summarizes the underlying incident: [Town Board member] Soro discovered…
Two More Cases Hold That Anti-SLAPP Laws Protect Consumer Reviews
By Eric Goldman Every anti-SLAPP law is worded differently, but some statutes protect statements on “matters of public interest,” “issues of public concern” or something similar. This language usually doesn’t explicitly reference consumer reviews of marketplace offerings, but my position…
Bit-Torrent Copyright Litigation Updates, and a Potentially Significant Decision on Joinder
[Post by Venkat Balasubramani] We don’t track the numerous mass file sharing cases going on around the country. There are too many of them, and it’s not easy to glean any sort of a clear trend. But here are a…
Facebook Doesn’t Violate Antitrust Law When It Controls Its Users’ Experience–Sambreel v. Facebook (Forbes Cross-Post)
By Eric Goldman Sambreel Holdings LLC v. Facebook, Inc., 2012 WL 5995240 (S.D. Cal. Nov. 29, 2012) As successful Internet companies evolve from shoestring start-ups into marketplace incumbents, inevitably their reward will include antitrust challenges to their conduct. The flagship example…
Sex Offender Online Registration Statute Covers New Myspace Account — State v. White
[Post by Venkat Balasubramani, with comments from Eric] New Hampshire v. White, 2012 WL 6062701 (N.H., Dec. 7, 2012) New Hampshire requires registered sex offenders to notify law enforcement when they create new “online identifiers.” The defendant, a registered sex…
Useful Article on the First Sale Doctrine in Trademark Law (Guest Blog Post)
By Guest Blogger Yvette Joy Liebesman [Eric’s Note: We’ve repeatedly blogged on first sale/exhaustion principles on the blog, usually lamenting how easily circumscribed they are (see, e.g,. the posts about Mary Kay v. Weber and the Beltronics case) and the…
Amazon Not Liable for Affiliates’ Allegedly Bad Acts–Routt v. Amazon
By Eric Goldman Routt v. Amazon.com, Inc., C12-1307JLR (W.D. Wash. Nov. 30, 2012) Sandy Routt is an artist (check out SandysBeachGifts.com if you care). She claims that Amazon affiliates (called “associates” in Amazon’s vernacular) displayed her copyrighted photos (product shots)…