Copyright Takedown Notice Isn’t Actionable Unless There’s an Actual Takedown–Amaretto v. Ozimals
By Eric Goldman Amaretto Ranch Breedables, LLC v. Ozimals, Inc., 2011 WL 1753479 (N.D. Cal. April 22, 2011). My initial blog post on this case. The virtual horses and bunnies are back. This is the lawsuit between two vendors of…
Acknowledging Receipt of an Email Doesn’t Form a Contract–Stebbins v. Wal-Mart
By Eric Goldman Stebbins v. Wal-Mart Stores Arkansas, LLC, 2011 WL 1519390 (W.D. Ark. April 14, 2011). Lawsuits like these tend to be associated with repeat users of the judicial process; see the Justia Arkansas page for other lawsuits possibly…
Videos from the 47 USC 230 Conference Now Online
By Eric Goldman Without any pretense of modesty, I think we have put on a number of first-rate High Tech Law Institute events over the years. However, unquestionably, the post-event buzz from our recent conference on 47 USC 230 has…
Google Wins Lawsuit Over Unhappy Google Search Appliance Installation–Market America v. Google
By Eric Goldman Market America, Inc. v. Google, Inc., 2011 WL 1485616 (D. Del. April 19, 2011) I blogged about this case last year. Market America retained Google and its system integrator LTech to install a Google Search Appliance to…
Republishing Entire Newspaper Story is Fair Use–Righthaven v. CIO
By Eric Goldman Righthaven, LLC v. Jama, 2011 WL 1541613 (D. Nev. April 22, 2011). See my comprehensive blog post on Righthaven from October. [Note: A month ago, the judge orally dismissed the defendant in this case. Yesterday, the judge…
Blogger Gets 47 USC 230 Dismissal for Third Party Comment–Kruska v. Perverted Justice
By Eric Goldman Kruska v. Perverted Justice Foundation Inc., 2011 WL 1260224 (D. Ariz. April 5, 2011) This is my third time blogging this case. The latest ruling involves a blog, run by Brocious, for people fighting pedophiles. Someone (presumably…
Bulk Emailers (Mostly) Lose Three 47 USC 230(c)(2) Rulings–Holomaxx v. Microsoft/Yahoo & Smith v. TRUSTe
By Eric Goldman I’ve been so behind that it’s taken me until now to blog these cases from last month. All three opinions involve the same basic fact pattern: a bulk emailer gets blocked by an email service provider (relying…
YouTube and its Amici File Their Briefs in the Viacom v. YouTube Appeal
By Eric Goldman I’m catching up with the YouTube-side briefs in the Viacom v. YouTube appeal. (See my analogous post on the Viacom-side briefs). Once again, Michael Barclay has been kind enough to organize the briefs into a single post….
Announcing DoctoredReviews.com, a Website Against Doctors’ Efforts to Squelch Online Patient Reviews
By Eric Goldman I’m pleased to announce the launch of DoctoredReviews.com, a website that addresses Medical Justice’s form contract that seeks to restrict patients’ online reviews of doctors by taking a prospective copyright assignment in the patients’ unwritten reviews. Medical…
UC Irvine Virtual World Conference Notes
By Eric Goldman Last week, I attended and spoke at a conference at UC Irvine entitled “Governing the Magic Circle: Regulation of Virtual Worlds.” I didn’t take notes for every speaker, and as usual, these notes are my impressions, not…