Victim’s Misstated Age on MySpace Could Contribute to Mistake of Age Defense–State v. Berry
By Eric Goldman State v. Berry, 2010 WL 4226707 (Or. App. Ct. Oct. 27, 2010) This is yet another case involving sex with an underage girl where the defendant believed she was older than she actually was. See my previous…
October 2010 Quick Links
By Eric Goldman Copyright * Greg Sandoval discusses copyright trolls with Cindy Cohn. You may recall I had an “interview” with Cindy as a guest lecture in my Internet Law course. And a belated congratulations to Cindy for her recognition…
Facebook Not Liable for Account Termination–Young v. Facebook
By Eric Goldman Young v. Facebook, 2010 WL 4269304 (N.D. Cal. Oct. 25, 2010). The initial complaint. Kashmir Hill covered the initial complaint filing in this case, and you should start with her post. The short story is that Facebook…
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…