The Righthaven Debacle, 5 Years Later
You probably recall Righthaven, the now-defunct copyright enforcement entity (some might call it a copyright troll) that purchased newspapers’ copyrights so it could sue small-time bloggers who republished articles; after suing, it would demand financial settlements the bloggers couldn’t afford….
It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Steiner
In enacting the DMCA’s notice-and-takedown system, Congress knew copyright owners and others might send takedown notices overzealously. To discourage abuses of the notice-and-takedown system, Congress enacted 17 USC 512(f) to create a new cause of action for sending bogus takedown…
Adware Advertiser Sidesteps Liability
This case involves a browser plug-in from IMS, whose affiliates allegedly surreptitiously installed the plug-in on users’ computers. The plug-in allegedly caused pop-up ads to appear when users visited designated websites. Reed Elsevier allegedly advertised via these pop-up ads, triggering…
Blogiversary Bonus! A Video Interview About the Blog
Earlier this month, we celebrated the blog’s 10 year anniversary. In preparation for the anniversary, my RA Addam suggested making a video to help celebrate. After all, we don’t normally generate video content, so I thought it might be fun…
Catching Up on Section 230 Cases From the Past 18 Months
I try to blog every Section 230 case I see. However, over the past year and a half, I’ve collected a few Section 230 cases that I had hoped to blog but that fell through the cracks for one reason…
‘Deactivated’ Facebook Account Is Discoverable In Litigation (Forbes Cross-Post)
Brannon Crowe injured his knee. He says it happened at work, so he sued his employer. Based on a Facebook message Crowe allegedly sent to a friend, his employer thinks Crowe suffered the injury on a personal fishing trip. The…
Damages from Competitive Keyword Advertising Are “Vanishingly Small”
Competitive keyword advertising lawsuits typically lose on their merits, but in this particular case, the defendants conceded that their AdWords campaign contributed to trademark infringement. Nevertheless, the defendants contested damages, and the court tells an oh-so-familiar story: Apparently, Defendants bid…
Blogiversary Celebration Part 4: How Internet Law and IP Law Have Evolved
This is the final part of my four-part series celebrating our 10th blogiversary. I asked the following question: What do you think is the most significant change in intellectual property law or Internet law over the past 10 years? This…
More Defendants Win Keyword Advertising Lawsuits
I’m reporting results in keyword advertising lawsuits as I see them. TL;DR: defendants keep winning. Two more rulings supporting that proposition: CollegeSource, Inc. v. AcademyOne, Inc., 2015 WL 469041 (3d Cir. Feb. 5, 2015). (some citations ommitted) See my blog…
Blogiversary Celebration Part 3: How the Blogosphere Has Evolved
We’re continuing our celebration of the blog’s 10 year anniversary. I asked the following question: What do you think is the most significant change to the blogosphere since 2005? Some responses: Anupam Chander: The loss of Chander.com as a blog,…