Plaintiff-Side Briefs in Rosetta Stone v. Google Appeal
By Eric Goldman Rosetta Stone and five amici groups have filed their briefs in the Fourth Circuit appeal in Rosetta Stone v. Google. The filings: Rosetta Stone’s opening appellate brief. It appears Rosetta Stone has new appellate counsel: Terrence Ross…
Auction Platform Protected by 47 USC 230 for a Rogue Auction–Simmons v. Danhauer
By Eric Goldman Simmons v. Danhauer & Associates, LLC, 2010 WL 4238856 (D. S.C. Oct. 21, 2010) Proxibid provides an online auction platform similar to eBay, except that Proxibid vets auctioneers before they can conduct an auction. Danhauer used Proxibid’s…
Political Campaigns and Copyright Infringement
By Eric Goldman I might be wrong, but my unscientific impression is that political campaigns are encountering copyright issues more frequently than in the old days. Initially, I had hoped to catalog all of the recent incidents, but I realized…
My RapLeaf Profile is Amusingly Mistaken. This is What the Fuss is All About?
By Eric Goldman The latest in the Wall Street Journal’s “scare journalism” series of privacy articles is a hatchet job on RapLeaf. I don’t know much about RapLeaf, but at conferences, privacy advocates frequently invoke RapLeaf as an omnipotent, omniscient…
Blogger Wins Fair Use Defense…On a Motion to Dismiss!–Righthaven v. Realty One
By Eric Goldman Righthaven LLC v. Realty One Group, Inc., 2010 WL 4115413 (D. Nev. Oct. 19, 2010) I’ve mentioned Righthaven before in my quick links, but this is my first full blog post about them. I trust most of…
First Sale and Exhaustion Doctrines in IP Conference, Nov. 5, SCU
By Eric Goldman I’ve mentioned our First Sale and Exhaustion in IP conference before, but now it’s less than 3 weeks away. If you were thinking about coming, now is a good time to confirm your spot. As regular readers…
Shining the Spotlight on Trademark Bullies (a Long-Delayed Recap of a Trademark Scholars Roundtable)
By Eric Goldman [Occasionally, a blog post gets “stuck” in draft mode for months. These posts typically do not age well, as intervening developments often render the post moot or less interesting. As a result, most stuck blog posts eventually…
Blog Host Can’t Be Bound by TRO for User Posts (Blockowicz redux)–Bobolas v. Does
By Eric Goldman Bobolas v. Does 1-100, 2010 WL 3923880 (D. Ariz. Oct. 1, 2010) This lawsuit involves Bobolasgate.info, a Greek-language blog/website that appears to criticize Greek real estate and media mogul George Bobolas (ranked as one of the top…
Inflatable Giant Gorilla Attacks Google (for Copyright Infringement)–Scherba v. Google
By Eric Goldman Scherba Industries v. Google, Inc., 1:10-cv-02288 (N.D. Ohio complaint filed Oct. 7, 2010). Scherba makes giant inflatable gorillas. See an example. A little improbably, it has a copyright registration for a 3D sculptural work called “Gorilla Inflatable”–the…
September 2010 Quick Links, Part 2
By Eric Goldman Contracts * Hutchison v. Yahoo, 2010 WL 3706571 (9th Cir. Sept 20, 2010). AT&T’s early termination fee wasn’t a penalty, even as applied to a termination with only 2 weeks of service left. * Evan Brown: Software…