Facebook “Sponsored Stories” Publicity Rights Lawsuit Survives Motion to Dismiss–Fraley v. Facebook
By Eric Goldman Fraley v. Facebook, Inc., 2011 WL 6303898 (N.D. Cal. Dec. 16, 2012) Because Facebook does so many things that aren’t in users’ interests, their “Sponsored Stories” program barely registers. Nevertheless, Sponsored Stories demonstrates why many people are…
More on Ex Parte Cutoffs of Foreign “Rogue” Domain Names
By Eric Goldman I got the following email regarding our prior three posts on ex parte cutoffs of foreign “rogue” websites in the Chanel, True Religion and Philip Morris cases (I’m republishing the email with permission): __________ All of the…
“Economics of Privacy” Conference Recap
By Eric Goldman Earlier this month, I attended an event at University of Colorado Boulder called “The Economics of Privacy,” sponsored by the Silicon Flatirons center. A couple photos from the event: 1, 2. As usual, these notes reflect my…
Facebook Evidence Suppressed in Skater Brawl Prosecution–People v. Bignone
People v. Bignone, 2011 WL 6091756 (Cal. App. Ct. Dec. 8, 2011). Some background on the case. In my house, it’s not a party until someone spills, but my parties apparently are comparatively tame. This case involves a wild house…
The OPEN Act: Significantly Flawed But More Salvageable Than SOPA/PROTECT-IP
By Eric Goldman Sen. Wyden and Rep. Issa have released a draft of OPEN: Online Protection & ENforcement of Digital Trade Act, intended as an alternative to SOPA/PROTECT-IP. See my prior posts opposing SOPA and linkwrapping the discussion. Unlike SOPA’s…
I Don’t Heart SOPA or PROTECT-IP: A Linkwrap
By Eric Goldman Venkat and I have been covering SOPA and related topics. In case you missed our posts: * Why I Oppose the Stop Online Piracy Act (SOPA)/E-PARASITES Act * Court OKs Private Seizure of Domain Names Which Allegedly…
Trademark Lawsuit Against Groupon Isn’t Going Well–Groupion v. Groupon
By Eric Goldman Groupion LLC v. Groupon, Inc., 2011 WL 5913992 (N.D. Cal. Nov. 28, 2011) Groupion provides CRM software as a service (SaaS). Groupon distributes “deal of the day” offers that are typically unprofitable for advertisers and often have…
Ad Network Avoids Contributory Copyright Infringement for Serving Ads to a Rogue Website–Elsevier v. Chitika
By Eric Goldman with comments from Venkat Elsevier, Ltd. v. Chitika, Inc., 2011 WL 6008975 (D. Mass. Dec. 2, 2011). Chitika’s brief supporting its motion for judgment on the pleadings. Elsevier’s opposition. Chitika’s proposed reply brief. As Venkat recently indicated,…
Medical Justice Capitulates by “Retiring” Its Anti-Patient Review Contracts
By Eric Goldman It’s been a rough week for Medical Justice, the company that tries to help doctors suppress patient reviews. First, the Center for Democracy and Technology filed an FTC complaint alleging three main points: (1) Medical Justice deceives…
Fraud Allegations Don’t Trump 47 USC 230–Hopkins v. Doe
By Eric Goldman Hopkins v. Doe #1, 2011 WL 5921446 (N.D. Ga. Nov. 28, 2011). The initial complaint. Hopkins’ lawsuit-related website. This lawsuit relates to allegedly defamatory statements that Does made about Hopkins on Topix. As a pro se, Hopkins…