Affiliate Liability Extravaganza
By Eric Goldman [Note: I recently published a version of this article at InformIT. Here’s the pre-edited version I sent them.] Introduction This article discusses marketers’ liability for the actions of their marketing affiliates (what I refer to as “affiliate…
“DVR as a Service” Isn’t Copyright Infringement–Cartoon Network v. CSC Holdings
By Eric Goldman The Cartoon Network LP v. CSC Holdings, Inc., No. 07-1480-cv(L) & 07-1511-cv(CON) (2d Cir. Aug. 4, 2008) The Second Circuit has issued an interesting and potentially important ruling that Cablevision’s DVR as a service does not infringe…
Domainer Loses Cybersquatting Lawsuit–Verizon v. Navigation Catalyst
By Eric Goldman Verizon California, Inc. v. Navigation Catalyst Systems, Inc., 2008 WL 2651163 (C.D. Cal. June 30, 2008). The Justia page. A page with some of the early filings. [Sorry for the delay blogging this–it just showed up on…
American Airlines and Google Settle Keyword Advertising Lawsuit
By Eric Goldman American Airlines and Google have settled American Airlines’ trademark lawsuit over Google’s sale of keyword advertising. The settlement terms are confidential. See the unenlightening stipulation and the judge’s dismissal order. The Justia page. The Bloomberg News story….
Print-on-Demand “Publisher” Isn’t Liable for Book Contents–Sandler v. Calcagni
By Eric Goldman Sandler v. Calcagni, 2008 WL 2761892 (D. Me. July 16, 2008). The Justia page. I’ve previously blogged about the probable inapplicability of 47 USC 230 to CafePress and its competitors because of their offline publication onto physical…
GoDaddy Gets 230 Defense for Web Hosting–Kruska v. Perverted Justice Foundation
By Eric Goldman Kruska v. Perverted Justice Foundation Inc., 2008 WL 2705377 (D. Ariz. July 9, 2008). The CMLP page with lots of source material. GoDaddy allegedly hosted some third party websites that said some not-nice things about Kruska (calling…
eBay Denied 230(c)(2) Defense Over Counterfeit Coin Policing
By Eric Goldman National Numismatic Certification, LLC. v. eBay, Inc., 2008 WL 2704404 (M.D. Fla. July 8, 2008) This is the fourth time in a week that I’m blogging about an eBay lawsuit (see the Windsor Auctions, Tiffany and StubHub…
StubHub Denied 230 in Hannah Montana Ticket Scalping Case–Hill v. StubHub
By Eric Goldman Hill v. StubHub, 07 CVS 11310 (N.C. Superior Ct. July 14, 2008) [note: I believe this is in NC’s special “business court”] I don’t even have a tweener daughter (yet), but as a legal scholar, I am…
Tiffany v. eBay District Court Opinion Analysis
By Eric Goldman Tiffany (NJ) Inc. v. eBay Inc., No 04 Civ. 4607 (RJS) (S.D.N.Y. July 14, 2008) It took most of the day, but I’ve finally read through the 66 page book in the Tiffany v. eBay case, and…
eBay Wins Huge Ruling in Tiffany Case
By Eric Goldman Tiffany (NJ) Inc. v. eBay Inc., No 04 Civ. 4607 (RJS) (SDNY July 14, 2008) In a 66 page ruling that I haven’t had time to digest, the judge appears to have completely accepted eBay’s arguments in…