Ad Networks Can’t Get 47 USC 230 Defense on Motion to Dismiss–Swift v. Zynga
By Eric Goldman Swift v. Zynga Game Network, Inc., 2010 U.S. Dist. LEXIS 117355 (N.D. Cal. Nov. 3, 2010). Wendy Davis’ story on the complaint filing. I have repeatedly observed that the Ninth Circuit’s Roommates.com en banc decision has not…
Dentist Review on Yelp Gets Partial Anti-SLAPP Protection–Wong v. Jing
By Eric Goldman Wong v. Jing, 2010 WL 4457330 (Cal. App. Ct. Nov. 9, 2010). The SF Chronicle article on the complaint filing. The dentist’s “open letter” about the lawsuit filing. Tai Jing posted a negative review of Dr. Yvonne…
Online Forum Operator Gets Easy 47 USC 230 Win–Two Plus Two v. Jacknames
By Eric Goldman Two Plus Two Publishing LLC v. Jacknames.com, 2010 WL 4281791 (D. Nev. Sept. 30, 2010). The complaint. Steve Green’s writeup of the initial complaint filing. This one just showed up in my Westlaw queue. It looks like…
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…
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…
Blog Host Can’t Be Bound by TRO for User Posts (Blockowicz redux)–Bobolas v. Does
By Eric Goldman Bobolas v. Does 1-100, 2010 WL 3923880 (D. Ariz. Oct. 1, 2010) This lawsuit involves Bobolasgate.info, a Greek-language blog/website that appears to criticize Greek real estate and media mogul George Bobolas (ranked as one of the top…
September 2010 Quick Links, Part 2
By Eric Goldman Contracts * Hutchison v. Yahoo, 2010 WL 3706571 (9th Cir. Sept 20, 2010). AT&T’s early termination fee wasn’t a penalty, even as applied to a termination with only 2 weeks of service left. * Evan Brown: Software…
Seventh Circuit Tosses Beverly Stayart’s False Endorsement Claims–Stayart v. Yahoo
By Eric Goldman Stayart v. Yahoo! Inc., 2010 WL 3785147 (7th Cir. Sept. 30, 2010). I have previously blogged about Beverly Stayart’s lawsuits against Yahoo and Google for apparently sploggy (and possibly cloaked) objectionable search results delivered when she searched…