Chicago State University Professors Fight Back Against University’s Efforts To Shut Down Their Blog (Guest Blog Post)
By Guest Blogger Stephen F. Diamond Earlier this month, two faculty activists at Chicago State University (CSU) prevailed against a motion to dismiss a lawsuit they had filed in federal court against CSU’s President, Vice President of Labor and Legal…
Are Takedowns in 48 Hours “Expeditious” Enough?–Square Ring v. UStream
This case involves the March 21, 2009 boxing match between Roy Jones Jr. and Omar Sheika, broadcast as a pay-per-view. (Spoiler alert: Jones won a TKO in the 5th round). Anticipating users would live-stream the fight, promoter Square Ring contacted…
Another Keyword Advertising Lawsuit Fails Badly
This case is so pathetic, it probably only warrants a tweet. The TL; DR version: another trademark owner initiates a lawsuit over keyword advertising and gets crushed in court. The end. The antagonist is a Florida van rental service operating…
No Personal Jurisdiction Over Nasty Facebook Post–Burdick v. Superior Court
Let me see if I can sum up all of my knowledge about Internet jurisdiction in a few pithy bullet points: * Motions to dismiss for lack of personal jurisdiction often lose, so why should we get too wrapped up…
Another Failed Doctor Lawsuit Against a Patient For Online Reviews–Brandner v. Molonguet
This is another lawsuit by a doctor over a patient’s negative online reviews. Dr. Brandner is an oral surgeon in Louisiana. In 2005, he treated Molonguet. Molonguet protested Brandner’s fees, but a court ruled for Brandner. In response to that…
Robert Half Can’t Stop Former Employees From Telling The World Where They Used To Work (Forbes Cross-Post)
As the saying goes, a business’ most important asset is its people. That maxim applies with extra force in the staffing industry, where people literally are its business. Perhaps that explains why Robert Half, a leading staffing company, uses an…
Top 10 Fair Use Cases of 2014 (Guest Blog Post)
[Eric’s introduction: in my blog post on the copyrightability of resumes, I observed that “2014 has been a terrific year for fair use” and mused that “It would be great if someone did a ‘top 10 fair use rulings of 2014’…
Stupid Online Teen Banter Isn’t “Disorderly Conduct”–State v. Nelson
We’re revisiting the perennial topic of how to address teens doing stupid teen things online. As we’ve discussed repeatedly, teens constantly test limits online and typically lack the wisdom and perspective of adults. In my era, typical offline teen pranks…
Fair Use Protects Sending Expert Witness’ Resume to Opposing Counsel–Devil’s Advocate v. Zurich Insurance
Most of us probably have never thought about the coprightability of our resumes or curriculum vitae. Most resumes are highly functional documents, i.e., we don’t write them for fun; and they are just an input into a more important output…
Will A ‘Cast Of Thousands’ Become A ‘Cast Of Thousands…Of Plaintiffs’? A Preview of Garcia v. Google (Forbes Cross-Post)
[Note: I wrote the following post on Monday before the oral arguments. I haven’t had a chance to view Monday’s oral arguments, but from the news reports and Twitter feeds, it sounds like Kozinski and McKeown will be squaring off….