Federal Court Doesn’t ‘Like” Service of Process via Facebook — Joe Hand Proms. v. Carrette
[Post by Venkat Balasubramani] Joe Hand Promotions, Inc. v. Carrette, 12-2633-CM (D. Kan. July 9, 2013) People have mused about the inevitability of service of process via Facebook, but a recent decision shows that it may not be so quick…
Recap of Stanford E-Commerce Conference Panel on Takedown Notices
By Eric Goldman Last month, I attended Stanford Law School’s annual E-commerce Law Conference, one of my favorite conferences of the year because of its subject material and the chance to hang out with so many friends. This year, the…
Independent Contractor Relationship Between Sender and Advertiser Dooms Spam Claims – Kramer v. NCS
[Post by Venkat Balasubramani] Kramer v. NCS, 12-1956 (8th Cir. May 28, 2013) Kramer, who operated an internet service provider in Clinton, Iowa, filed an ambitious–and as it turned out, ultimately quixotic–lawsuit over spam emails. He initially sued 300 unnamed…
Warranty Disclaimer in PC TuneUp’s EULA Fails — Rottner v. AVG
[Post by Venkat Balasubramani with comments by Eric] Rottner v. AVG Technologies, 12-10920-RGS (D. Mass May 3, 2013) [pdf] Rottner sued AVG Technologies on behalf of a putative class, alleging that AVG’s “PC TuneUp” product did not perform as advertised….
Craigslist’s Anti-Consumer Lawsuit Threatens to Break Internet Law–Craigslist v. 3Taps/Padmapper (Forbes Cross-Post)
By Eric Goldman Craigslist, Inc. v. 3Taps, Inc., 2013 WL 1819999 (N.D. Cal. April 30, 2013) Craigslist is one of the best examples of the Internet’s sharing economy. Craigslist improves markets by helping buyers and sellers find each other. Remarkably, it…
Yahoo’s User Agreement Fails in Battle Over Dead User’s Email Account–Ajemian v. Yahoo
[Post by Venkat Balasubramani] Ajemian v. Yahoo!, 12-P-178 (Mass. Ct. App. May 7, 2013) This is a very interesting dispute that raises the question of ownership over digital assets after a person’s death. Plaintiffs, John Ajemian’s (the decedent’s) executors and…
Crazy SOPA-Like Attempt to Hold International Banks Liable for Pharmacy Spam Fails on Jurisdiction Grounds–Unspam v. Chernuk
[By Venkat Balasubramani with comments from Eric Goldman] Unspam Technologies, Inc. v. Chernuk, 2013 WL 1849080 (4th Cir. May 4, 2013) We’ve mentioned “Project Honeypot,” the efforts of a company (founded by Matthew Prince) to track down and prosecute spammers….
Why You’ll Soon Be Paying Sales Taxes on All of Your Internet Purchases–Amazon v. NY Taxation Department (Forbes Cross-Post)
By Eric Goldman In the 1992 case Quill v. North Dakota, the U.S. Supreme Court said an out-of-state retailer can’t be obligated to collect sales taxes from buyers in states where the retailer lacks a physical presence. In those situations,…
No Claim Based on Perez Hilton’s Publication of Unsolicited but Inflammatory Reader Email – Wargo v. Lavandeira
[Post by Venkat Balasubramani] Wargo v. Lavandeira, JAMS Arbitration No. 1220041183 (Mar. 24, 2013) Lavandeira runs the popular Perez Hilton website, which has been involved in its fair share of legal disputes. In response to an item (presumably about Angelina…
FTC Warns Nordstrom Over Tweetup Freebies
[Post by Venkat Balasubramani] The FTC conducted an investigation on Nordstrom’s marketing and promotion in connection with a “tweetup” held in Boise. Apparently Nordstrom provided free gifts to “influencers”, including $50 gift cards to Nordstrom Rack. [Sadly, I did not…