WhitePages Gets Its Inevitable Section 230 Win–Nasser v. WhitePages
WhitePages.com publishes white pages information (get it?). It obtained and published information from third parties that incorrectly listed Nasser’s phone number as a Comcast phone number. As a result, Nasser got a voluminous number of angry phone calls intended for…
Google’s Forum-Selection Clause Upheld Again–Rudgayzer v. Google
Over the years, Google has defended its standardized agreements numerous times in court. As with its litigation portfolio generally, Google has had an excellent success rate in these cases. Recently, another court upheld Google’s member agreement–not a surprising outcome, but…
Did Monster Energy Make A ‘Dope’ Contract With DJ Z-Trip? Nope (Forbes Cross-Post)
What is the legal meaning of the word “Dope”? Monster Energy argued that the word “Dope!” granted it permission to publish copyrighted material. The court says nope. Monster Energy put together a promotional YouTube video that used a remix (the…
Another Keyword Advertising Lawsuit Unceremoniously Dismissed–Infostream v. Avid
Infostream Group Inc. v. Avid Life Media Inc., 2013 WL 6018030 (C.D. Cal. Nov. 12, 2013) There is an active, long-standing and wide-ranging litigation war being waged between two groups of websites in the “sugar daddy“/”sugar baby” hook-up category. I…
Video of the Patent Opera Is Now Online!
Last week, the High Tech Law Institute hosted a performance of “The Passionate Patent,” perhaps the only opera ever written that relates in any way, shape or form to patent law. The creators self-describe the opera as “Experience the challenge…
Think Hoarding Passwords Keeps You Safe From Firing? Think Again (Forbes Cross-Post)
Most employees think they are indispensable to their employers, but in fact, most employees are easily replaced. A recent legal ruling involved an IT manager who sought job security by holding “the keys to the kingdom”–the passwords to the company’s…
Section 230 Protects Another Newspaper From Liability For User Comments–Hupp v. Freedom Communications
Hupp v. Freedom Communications, Inc., 2013 WL 5947033 (Cal. App. Ct. Nov. 7, 2013) This is a minor case involving a pro se plaintiff and a straightforward application of the law, so normally I wouldn’t blog it. However, over the…
“Does the U.S. Patent System Stifle Innovation” Notes
Last night, I moderated an Oxford-style debate at Zero1, which describes itself as “where art meets technology to shape the future.” The debate motion was “Does the U.S. Patent System Stifle Innovation,” and the two “pro” speakers were UCLA professor…
No One Owns The Number ‘3.95%’ (We Think)–Banxcorp v. Costco (Forbes Cross-Post)
Banxcorp v. Costco Wholesale Corp., 09-CV-1783 (S.D.N.Y. Oct. 17, 2013). Who owns a single number, such as 3.95%? The question probably sounds crazy. Numbers are just facts, and the Supreme Court said in 1991 that facts aren’t copyrightable. So of…
Want To Avoid Defaming Someone Online? Link To Your Sources (Forbes Cross-Post)
Adelson v. Harris, 2013 WL 5420973 (S.D.N.Y. Sept. 30, 2013) When you are tweeting or Facebooking, you probably don’t think much about your risk of being sued for defamation. Fortunately, such lawsuits are rare. Unfortunately, even quickly written and seemingly…