First Sale Doctrine Doesn’t Allow Resale of Digital Songs – Capitol Records v. ReDigi
[Post by Venkat Balasubramani, with comments from Eric] Capitol Records, LLC v. ReDigi Inc., 2013 WL 1286134 (S.D.N.Y. Mar. 30, 2013) [There has been a recent whirlwind of copyright activity in the courts. We will try to get caught up…
Facebook Password Exchange Between Parties to Litigation Results in Spoliation Debacle – Gatto v. United Airlines
[By Venkat Balasubramani with comments from Eric] Gatto v. United Air Lines, 10-cv-1090-ES-SCM (D.N.J. Mar. 25, 2013) Background: Gatto brought a personal injury action against United and Allied arising out of an accident at the airport. Defendants sought a range…
FTC Warns Nordstrom Over Tweetup Freebies
[Post by Venkat Balasubramani] The FTC conducted an investigation on Nordstrom’s marketing and promotion in connection with a “tweetup” held in Boise. Apparently Nordstrom provided free gifts to “influencers”, including $50 gift cards to Nordstrom Rack. [Sadly, I did not…
Judge Boots Privacy Lawsuit Against Pandora but Plaintiffs Can Replead – Yunker v. Pandora
[Post by Venkat Balasubramani] Yunker v Pandora Media, Inc., 2013 US Dist LEXIS 42691 (N.D. Cal. Mar. 26, 2013) Pandora has been sued before for allegedly revealing listening preferences, but this is a more run-of-the-mill privacy lawsuit against Pandora. Pandora…
Ex-Lover Can Use Non-Disparagement Provision to Suppress Revenge Porn–Walls v. Klein
[Post by Venkat Balasubramani] Walls v. Klein, 2013 Tex. App. LEXIS 2462 (Tx. Ct. App. 4th Dist. Mar. 13, 2013) Walls and Klein were in a romantic relationship that soured. The parties volleyed legal threats but ultimately entered into a…
Another Credit Card Breach Lawsuit Fails – Willingham v. Global Payments
[Post by Venkat Balasubramani] Willingham v. Global Payments, Inc., 12-CV-01157 (N.D. Ga. Feb 5, 2013) (case later dismissed by the parties) This is a data breach lawsuit arising out of an incident in which credit card information was purloined from…
IMDB’s Disclosure of Actress’s Age Will Go To Trial – Hoang v. Amazon
[Post by Venkat Balasubramani with a comment by Eric] Hoang v. IMDb.com, C11-1709MJP (W.D. Wash. Mar. 18, 2013) We’ve blogged about this dispute—involving an actress’s attempt to hold IMDb liable for publishing her age against her wishes—before. The court recently…
Court Rejects Attempt to Hold Software Company Liable for Surveillance Conducted by Its Customer – Luis v. Zang
[Post by Venkat Balasubramani] Luis v. Zang, 12 cv 629 (S.D. Oh. Mar. 5, 2013) Divorces have spawned some of the most interesting privacy disputes, such as the cases involving whether GPS surveillance of a vehicle violated one spouse’s privacy…
Ex-Employer’s Hijacking of a LinkedIn Account Is a Publicity Rights Violation–Eagle v. Morgan
[By Venkat with comments from Eric] Eagle v. Morgan, 11-4303 (E.D. Pa. Mar. 12, 2013) We’ve previously covered this dispute over a LinkedIn account. (See Another Set of Parties Duel Over Social Media Contacts; Battle Over LinkedIn Account Between Employer…
Family Law Judge Discounts Tweets That Threatened Children and Discussed Alcohol Use – R.M. v. D.Z.
[Post by Venkat Balasubramani] R.M. v. D.Z., 2013 IL App (3d) 120846-U (Mar. 4, 2013) [