Social Media Evidence Roundup – January 2013 Edition
Social media discovery disputes continue to pop up in the courts, and courts haven’t settled on a set of uniform rules to deal with these disputes. Here is a roundup of the latest set of cases dealing with the issue…
Some Concerns About Facebook’s “Graph Search”
Facebook’s Graph Search announcement has produced reactions ranging from rapturous enthusiasm to apathy. In this post, I’ll explore a few reasons why I’m concerned about Graph Search. It’s Not Search. The name “Graph Search” is horrendous. Most people have never…
“Social Media and Trademarks” Presentation at AALS
By Eric Goldman Earlier this month, I spoke at the AALS IP Section meeting in New Orleans on the topic of “trademarks and social media.” My slides. Though I’ve written in this area (see, e.g., my Online Word of Mouth…
Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Morel
[Post by Venkat Balasubramani] AFP v. Morel, 10 Civ. 02730 (S.D.N.Y. Jan. 14, 2013) The court *finally* issued its ruling on the parties’ cross motions for summary judgment in AFP v. Morel, the Haiti photo case. Previous posts here and…
Tenured Teacher Properly Fired for Facebook Quips About Her Students–In re Tenure Hearing of Jennifer O’Brien
[Post by Venkat Balasubramani with comments by Eric] In the Matter of the Tenure Hearing of Jennifer O’Brien, State Operated School District of the City of Patterson, Passaic County, 2013 WL 132508 (Jan. 11, 2013) [pdf] O’Brien taught in New…
Virginia Supreme Court: Litigant Who “Cleans up” His Facebook Page May Be Sanctioned
[Post by Venkat Balasubramani] Allied Concrete v. Lester, 2013 Va. LEXIS 8 (Jan. 10, 2013) This case generated some attention at the trial court phase, but for whatever reason I didn’t have a chance to blog it. Lester and his…
Top Ten Internet Law Developments of 2012 (Forbes Cross-Post)
By Eric Goldman I’m pleased to share my list of top 10 developments of 2012: #10: The Push Towards Anti-Class Action Arbitration Clauses. In 2011, the U.S. Supreme Court ruled in AT&T Mobility v. Concepcion that businesses may be able to adopt mandatory…
Q4 2012 Quick Links, Part 3 (47 USC 230 and more)
By Eric Goldman 47 USC 230/Review Websites * Sulla v. Horowitz, 2012 WL 4758163 (D. Hawai’i Oct. 4, 2012): “§ 230 does not provide this court with exclusive jurisdiction over defamation claims arising from statements made via the internet….While a…
Q4 2012 Quick Links, Part 2 (Privacy, Advertising, Content)
By Eric Goldman Privacy/Security * Knowing how the FTC is cracking down on privacy violations and deceptive persuasion techniques, it’s a little jarring to see how aggressive Obama’s campaign was on both fronts. NY Times (1, 2), WSJ and Time….
Q4 2012 Quick Links, Part 1 (IP Edition)
By Eric Goldman Copyright * Author’s Guild v. HathiTrust, 1:11-cv-06351-HB (SDNY Oct. 10, 2012). James Grimmelmann’s take. * Hillicon Valley: ‘Shell-shocked’ lawmakers shy away from online piracy in new Congress * Ars Technica: Voters boot three SOPA-sponsoring Hollywood allies from…