2007 Cyberspace Law Syllabus

By Eric Goldman I’ve posted my 2007 Cyberlaw syllabus. Unlike the past few years, which were a little slow cyberlaw-wise, the past 12 months saw a lot of important developments. Let me recap some of changes I made to my…

Advertiser Liability for “Contributory” Trespass to Chattels Redux–Burgess v. American Express

By Eric Goldman Burgess v. American Express Co., 2007 NCBC 15 (N.C. Superior Ct. May 21, 2007) David Fish points to an interesting new ruling on the subject of advertiser liability for pop-up advertising (I’m inferring that the pop-ups were…

Roommates.com Amicus Brief

By Eric Goldman The EFF, Lycos and I have filed an amicus brief in the Fair Housing Council v. Roommate.com case urging the Ninth Circuit to rehear the case en banc. See the EFF’s news release about the brief. Other…

Third Circuit Bounces Lawsuit Over Google Groups–Parker v. Google

By Eric Goldman Parker v. Google, Inc., No. 06-3074 (3d Cir. July 10, 2007) Parker v. Google was one of the troika of district court opinions involving Google and copyright from Q1 2006 (along with the Perfect 10 and Field…

Old-School Defamation Lawsuit Filed Against Google–Phillips v. Google

By Eric Goldman Phillips v. Google Inc., 3:2007-cv-01236 (N.D. Tex. complaint filed June 4, 2007; removed from state court July 11, 2007) By now, it seems that most defamation plaintiffs know about 47 USC 230 when suing online intermediaries based…

Fair Housing Council Responds to Roommates.com’s En Banc Hearing Request

By Eric Goldman The Fair Housing Council of San Fernando Valley has submitted its response to Roommates.com’s request for an en banc rehearing by the Ninth Circuit. Other documents in the case: * Roommates.com’s En Banc Request * The original…

Credit Card Providers Aren’t Liable for Third Party Infringement–Perfect 10 v. Visa

By Eric Goldman Perfect 10, Inc. v. Visa International Service Association, No. 05-15170 (9th Cir. July 3, 2007) The Ninth Circuit has completed a hat trick of appeals involving Perfect 10’s litigation frenzy over online infringement of Perfect 10’s copyrighted…

June 2007 Quick Links

By Eric Goldman Email * Spam cases are coming at a regular clip, and it’s tricky divining the latest state of the law. Two recent cases that caught my attention: – US v. Impulse Media Group, 2007 WL 1725560 (W.D….

New Cyberlaw Fad–Real Estate Developers v. Griping Homebuyers

By Eric Goldman We appear to be seeing a mini-trend of homebuilders suing griping homebuyers. Overlawyered’s Walter Olson succinctly aggregated some cases, including: * RSA Enterprises v. Bad Business Bureau and Google, a lawsuit doomed to failure (at least in…

Tur v. YouTube SJ Motions Denied

By Eric Goldman Tur v. YouTube, # cv-06-4436 (C.D. Cal. summary judgment motions denied June 20, 2007). In the lawsuit by photojournalist Tur against YouTube, the judge has denied cross-motions for summary judgment based on 512(c). Tur’s motion (that YouTube…

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