Roommates.com Denied 230 Immunity by Ninth Circuit En Banc
By Eric Goldman Hot news! The Ninth Circuit en banc panel in the Roommates.com case upheld the 3 judge panel and issued an opinion, not surprisingly written by Judge Kozinski, saying that Roommates.com doesn’t qualify for immunity under 47 USC…
School District Didn’t Violate First Amendment for Reassigning Teacher Who Blogged–Richerson v. Beckon
By Eric Goldman Richerson v. Beckon, 2008 WL 833076 (W.D. Wash. March 27, 2008) A school district appointed Richerson to a position with split responsibilities as a curriculum development specialist and an official mentor for other teachers. She then blogged…
Recent 47 USC 230 Developments Talk
By Eric Goldman Today I gave a talk on recent 47 USC 230 developments (following on the popular “47 USC 230 Week” at the Technology & Marketing Law Blog a couple of weeks ago). I didn’t even really get into…
PLI Presentation on Social Networking Sites and Blogs
By Eric Goldman Last week I gave a brief overview talk about social networking sites and blogs at a PLI conference. My slides. For each screen shot, you’ll have to imagine some of the faux-witty remarks I might have made….
Zango’s Brief in Zango v. Kaspersky Ninth Circuit Appeal
By Eric Goldman Zango has filed its initial appellate brief in Zango v. Kaspersky [warning: 2.1MB file], the case addressing the liability of anti-spyware vendors for their classification decisions. Characteristically, Zango goes on the offensive, declaring that Kaspersky’s software is…
Rescuecom v. Google Pre-Oral Argument Details
By Eric Goldman We’re anxiously awaiting oral arguments in the Rescuecom v. Google case next week. In advance of that, the court cleaned up a couple of matters: 1) The court denied the amicus brief from Yahoo, AOL and eBay….
Google Site-Specific Search-Within-Search Tool–Why is Everyone So Worked Up About This?
By Eric Goldman On Monday, Bob Tedeschi at the NYT published an article entitled “A New Tool From Google Alarms Sites” about Google’s recently launched site-specific search-within-search box. When I first saw the feature, I really didn’t think about it…
Griper Selling Anti-Walmart Items Through CafePress Doesn’t Infringe or Dilute–Smith v. Wal-Mart
By Eric Goldman Smith v. Wal-Mart Stores, Inc., 2008 WL 760196 (N.D. Ga. March 20, 2008) Charles Smith doesn’t like Walmart. Like many gripers, he has taken his cause to the web. Among other things, he set up two CafePress…
Clickthrough Agreement Binding Against Minors–A.V. v. iParadigms
By Eric Goldman A.V. v. iParadigms, 2008 U.S. Dist. LEXIS 19715 (E.D. Va., March 11, 2008), I previously blogged that the judge was going to dismiss this case. The judge finally issued an opinion explaining his reasoning, and it’s quite…
Adwords Ad Creates Initial Interest Confusion–Storus v. Aroa
By Eric Goldman Storus Corp. v. Aroa Marketing Inc., 2008 WL 449835 (N.D. Cal. Feb. 15, 2008). (Sorry for my delay blogging this one). A federal district court has held that displaying a competitor’s trademark in Adwords ad copy constitutes…