Student Loses First Amendment Fight To Call School Officials “Douchebags” After Four Years Of Litigation–Doninger v. Niehoff (Guest Blog Post)
By John E. Ottaviani* *John Ottaviani is a partner in the firm of Edwards Angell Palmer & Dodge, LLP, and is an occasional guest blogger. The opinions expressed are his own, and are not attributable to his Firm, to Eric…
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…
FTC Warns Debt Collector About Using Facebook to Contact Debtor
[Post by Venkat Balasubramani] In the Matter of Gary D. Nitzkin, P.C. (FTC Letter; Mar. 10, 2011) Debt collectors have gotten into trouble over the use of social media to contact debtors. (See “Judge Orders Creditor to Stay Off Debtor’s…
Contacting a Person’s Facebook Friends Isn’t Stalking–People v. Welte
By Eric Goldman People v. Welte, 2011 WL 1331900 (N.Y. Just. Ct. April 7, 2011). The defendant was subject to the following order protecting the mother of his two children: “Respondent is to have no contact with Petitioner including personal…
March 2011 Quick Links, Part 3
By Eric Goldman Search Engines * Lots of Google antitrust activity: – Apparently, an EU antitrust investigation IS something that Microsoft would wish on its worst enemy. – Every legal regulator in the world is considering antitrust investigations into Google,…
Republisher of Youthful Sexting Photos Avoids Liability (For Now)–Doe v. Peterson
By Eric Goldman Doe v. Peterson, 2011 WL 1120172 (E.D. Mich. March 24, 2011) This is an interesting sexting lawsuit. Doe took explicit photos of herself and sent them via MySpace to her then-boyfriend. She did not follow my recommendations…
Online Booksellers Get 47 USC 230 Immunity for Publisher-Supplied Marketing Collateral–Parisi v. Sinclair
By Eric Goldman Parisi v. Sinclair, 2011 WL 1206193 (D.C. D.C. March 31, 2011). The complaint. More source documents. Sinclair self-published a book that Parisi believes defamed him. The book showed up in Books-a-Million, B&N and Amazon. All of the…
Ninth Circuit Upholds Anti-SLAPP Ruling for Blogger/Griper–Sedgwick v. Delsman
By Eric Goldman Sedgwick Claims Management Services v. Delsman, 09-16809 (9th Cir. March 21, 2011). Delsman is a blogging griper about Sedgwick. He made some griping material that included cut-and-pasted headshots of Sedgwick’s managers. Sedgwick sued Delsman aggressively. Delsman got…
FTC Online Endorsement Guidelines Strike Again – FTC Dings Legacy Learning Over Allegedly Misleading Affiliate Reviews
[Post by Venkat Balasubramani with some comments by Eric] In re Legacy Learning Systems, Inc., FTC File No. 102 3055 [FTC Release] [Complaint (pdf)] An FTC press release notes that the FTC settled with Legacy Learning over allegations that Legacy…
Jan.-Feb. 2011 Quick Links, Part 4
By Eric Goldman Internet Freedom * The EFF points out the inconsistency between Hillary Clinton’s speech championing Internet freedom abroad when our own US government has gone rogue on its own citizens, including unlawful domain name seizures and an obsessive…