Proposed Internet Regulation in Brazil Might Curb Online Speech (Guest Blog Post)
by Guest Blogger Marcel Leonardi [Marcel Leonardi is an attorney in São Paulo, Brazil, and Professor of Law at FGV-SP. He was a Google Policy Fellow in 2009, working with the international team at the Electronic Frontier Foundation. He has…
Website Gets 230 Immunity Despite Claim of Site Content Accuracy–Milo v. Martin
By Eric Goldman Milo v. Martin, 2010 WL 1708895 (Tex. App. Ct. April 29, 2010) This case involves allegedly defamatory “guestbook” messages posted by unknown users to a website entitled “The Watchdog.” Framed like that, the precedent says the website…
Online Defamation Action Can Have Only One Defendant–Novins v. Cannon
By Eric Goldman Novins v. Cannon, 2010 WL 1688695 (D. N.J. April 27, 2010). The CMLP page on Novins’ initial demand letter. The CMLP page on the lawsuit. An aborted lawsuit blog putatively by Novins. This is a defamation action…
Beverly Stayart Strikes Again! This Time, Stayart Sues Google
By Eric Goldman Stayart v. Google, Inc., 2:10-cv-00336-LA (E.D. Wis. complaint filed April 20, 2010) I’ve previously blogged about Beverly Stayart (a/k/a Bev Stayart) and her mockable lawsuit against Yahoo. She has repeatedly declared that she is the only Beverly…
Google Sued for Publishing Home Address–Harris v. Google
By Eric Goldman Harris v. Google, Inc., 1:10-cv-21119-AJ (complaint removed to S.D. Fla. April 8, 2010). The original complaint filed in state court. Google’s removal to federal court. Jonathon Harris sells rare coins. His business office is in Stuart, Florida,…
Google Successfully Transfers Another AdWords Case to California–Parts Geek v. US Auto Parts
By Eric Goldman Parts Geek, LLC v. U.S. Auto Parts Network, Inc., 2010 WL 1381005 (D.N.J. April 1, 2010) Google has successfully transferred another trademark lawsuit over AdWords to its home court in California based on the mandatory venue clause…
Veoh Denied Attorneys’ Fees in UMG v. Veoh. Does FRCP 68 Apply to Copyright Cases?
By Eric Goldman UMG Recordings, Inc. v. Veoh Networks Inc., 2010 WL 1407316 (C.D. Cal. April 6, 2010) Copyright law contains a statutory fee-shifting/”loser pays” provision (17 USC 505) that, in specified circumstances, gives the judge discretion to award attorneys’…
Facebook Preliminarily Wins Copyright Lawsuit over Third Party App–Miller v. Facebook
By Eric Goldman Miller v. Facebook, Inc., 2010 WL 1292708 (N.D. Cal. March 31, 2010) Miller developed a videogame called Boomshine. He is upset that Yeo made an allegedly infringing knockoff variation of the game, called ChainRxn, and distributed the…
230 Protects Newspaper from Liability for Reader Comments–Collins v. Purdue
By Eric Goldman Collins v. Purdue University, 2010 WL 1250916 (N.D. Ind. March 24, 2010) The plaintiff, Timothy J. Collins, III, is a Purdue student. The defendant in this ruling is Federated Publications, which publishes a Lafayette, Indiana daily newspaper,…
eBay Mostly Beats Tiffany in the Second Circuit, but False Advertising Claims Remanded
By Eric Goldman Tiffany (NJ) Inc. v. eBay Inc., 2010 WL 1236315 (2d Cir. April 1, 2010) In a subtle opinion with potentially significant implications, eBay has preserved most of its big 2008 district court victory in the long-running Tiffany…