Roommates.com En Banc Rehearing GRANTED!
By Eric Goldman Terrific news from the Ninth Circuit this morning! They have granted an en banc hearing in the Fair Housing Council v. Roommates.com case and (as their rules require) designated the prior opinion non-precedential. The full text of…
230 Applies Even if Website Retains Content That Author Asked to Remove–Global Royalties v. Ripoff Report
By Eric Goldman Global Royalties, Ltd. v. Xcentric Ventures, LLC, 07-956-PHX-FJM (D. Ariz. Oct. 10, 2007) Surprise! Ripoff Report/Xcentric/badbusinessbureau/Magedson are in court again (I’ve lost count of the number of times I’ve blogged on them–check here and do a find…
September 2007 Quick Links Part II
By Eric Goldman Contracts * Manasher v. NECC Telecom, No. 06-cv-10749 (E.D. Mich. Sept. 18, 2007). NECC included the following language on its invoices: “NECC’s Agreement ‘Disclosure and Liabilities’ can be found online at www.necc.us or you could request a…
Ask.com Not Liable for Search Results or Indexing Decisions–Murawski v. Pataki
By Eric Goldman Murawski v. Pataki, 2007 WL 2781054 (S.D.N.Y. Sept. 26, 2007) William Murawski is one of those not-going-to-win political candidates from New York (strongly reminiscent of Carl Person). Unhappy with the 2006 election process, Murawski sued a variety…
DiMeo v. Max Affirmed by Third Circuit
By Eric Goldman DiMeo v. Max, 2007 WL 2717865 (3rd Cir. Sept. 19, 2007) You may recall the 2006 47 USC 230 ruling in DiMeo v. Max. The opinion was an instant Cyberlaw classic. Why? Among other credentials: the case…
August 2007 Quick Links, Part II
By Eric Goldman * e360 Insight v. Spamhaus Project, 2007 U.S. App. LEXIS 20725 (7th Cir. Aug. 30, 2007). An email marketing company was listed on Spamhaus’ ROSKO and sued for defamation and other torts in Illinois. Spamhaus took the…
Anti-Spyware Vendor Protected by 47 USC 230(c)(2)–Zango v. Kaspersky
By Eric Goldman Zango Inc. v. Kaspersky Lab, Inc., No. C07-0807-JCC (W.D. Wash. Aug. 28, 2007) There has been a fair amount of hand-wringing/teeth-gnashing over the legal liability of anti-spyware vendors when they label a software program as spyware or…
Website Isn’t Liable When Users Lie About Their Ages–Doe v. SexSearch
By Eric Goldman Doe v. SexSearch.com, 2007 WL 2388913 (N.D. Ohio Aug. 22, 2007) Introduction This case adds to the burgeoning 230 jurisprudence involving people looking online for love or sex. (Others that come to mind include Carafano, Anthony, Landry-Bell,…
Roommates.com Plaintiff’s Reply to EFF Brief
By Eric Goldman The Fair Housing Councils have filed a reply to the EFF et al amicus brief (which I joined) in favor of an en banc hearing in the Roommates.com case. In it, the plaintiffs admit that aspects of…
Lemley on Online Safe Harbors
By Eric Goldman Mark Lemley, Rationalizing Internet Safe Harbors Mark Lemley has weighed in on an topic near and dear to my heart–secondary liability online. He advances two principal arguments in his paper. First, it would make sense to harmonize…