Comments on the Ninth Circuit’s En Banc Ruling in U.S. v. Nosal
[Post by Venkat Balasubramani, with comments from Eric] US v. Nosal, 2012 WL 1176119 (9th Cir. Apr. 10, 2012) Nosal was a Korn/Ferry employee who, after his departure, convinced some remaining employees to provide him with confidential information to help…
Hermès Obtains (Ex Parte) $100M Award Against Alleged Counterfeiters–Hermès v. Does
[Post by Venkat Balasubramani, with comments from Eric] Hermès v. Does, 12-civ-1623 (S.D.N.Y.; Apr. 30, 2012) We’ve blogged repeatedly about trademark owners obtaining ex parte orders that provide extraordinarily broad relief, ranging from domain name seizures to orders directing search…
New Essay: The Irony of Privacy Class Action Lawsuits
By Eric Goldman I’ve posted a new essay to SSRN titled The Irony of Privacy Class Action Lawsuits. It should be published later this year in the Journal of Telecommunications and High Technology Law at University of Colorado. The essay…
Comments on the Megaupload Prosecution (a Long-Delayed Linkwrap)
By Eric Goldman [I’ve been working on this linkwrap for 3 months. Linkwraps rarely improve with age. At this point, it’s not even clear the US government has a case due to its repeated gaffes. Nevertheless, I’ve decided to post…
512(f) Plaintiff Can’t Get Discovery to Back Up His Allegations of Bogus Takedowns–Ouellette v. Viacom
By Eric Goldman Ouellette v. Viacom Intern., Inc., 2012 WL 1435703 (D. Mont. April 25, 2012) Ouellette sued Viacom for sending allegedly bogus takedown notices for videos he posted to YouTube. His case has gone nowhere. In 2011, his ADA…
Fourth Circuit Slams Juror’s Use of Wikipedia—US v. Lawson
[Post by Venkat Balasubramani] US v. Lawson, 10-4831 (4th Cir.; Apr. 20, 2012) Lawson and his co-defendants were convicted of violating the “Animal Welfare Act” through their participation in “gamefowl derbies” (cockfighting). One of the elements of the crime was…
Facebook “Likes” Aren’t Speech Protected By the First Amendment–Bland v. Roberts
[Post by Venkat Balasubramani with comments from Eric] Bland v. Roberts, 2012 US Dist. Lexis 57530, 4:11cv45 (E.D. Va.; Apr. 24, 2012) Bland and his cohorts worked in the Hampton Sheriff’s Office, under B.J. Roberts. Roberts ran for re-election against…
MySpace Profile and Friends List May Be Trade Secrets (?)–Christou v. Beatport
By Eric Goldman Christou v. Beatport, LLC, 2012 WL 872574 (D. Colo. March 14, 2012). The complaint. The Justia page. [I’ve mentioned before that sometimes blog posts get stuck. This is one of those posts. I initially drafted the post…
Misuse of Family Photograph by Photo Studio Supports Misappropriation Claim–Lee v. Picture People
[Post by Venkat Balasubramani] Lee v. The Picture People, Inc., K10C-07-002 (RBY) (Del. Sup. Ct.; Mar. 19, 2012) Plaintiffs had their two year old’s picture taken at The Picture People, a store engaged in the business of family photography. At…
Internet Intermediary Law Slides from Stanford Guest Lecture
By Eric Goldman I recently guest-lectured at an Internet Law course at Stanford, run by Jennifer Granick and Richard Salgado. My slides. Jennifer asked me to cover 47 USC 230 and 17 USC 512 in a single session. I know…