Another Ruling that the Americans with Disabilities Act Doesn’t Apply to Websites–Ouellette v. Viacom
By Eric Goldman Ouellette v. Viacom: The magistrate report: 2011 WL 1882780 (D. Mont. March 31, 2011). The judge’s approval of the magistrate’s report: 2011 WL 1883190 (D. Mont. May 17, 2011). The original complaint (he filed an amended complaint…
47 USC 230 and Message Board Cases
By Eric Goldman [I’ve been sitting on this blog post since March, so this post is slightly out of date. For example, I believe the recent Kruska ruling would be a new addition to the list. Putting aside any recent…
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…
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…
StubHub Denied Section 230 Defense in Scalping Case–Hill v. StubHub
By Eric Goldman Hill v. StubHub, Inc., 2011 WL 1675043 (N.C. Super. Ct. Feb. 28, 2011). My previous blog post in this case. This is a putative class action lawsuit against StubHub for violating North Carolina’s anti-scalping laws, which both…
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…