Second Circuit Stays Hot News Injunction–Barclays v. theflyonthewall
By Eric Goldman Barclays Capital Inc. v. Theflyonthewall.com, Inc., 10-1372-cv (2d Cir. May 19, 2010) This case is my choice for the most interesting Cyberlaw development of 2010 (so far). Unfortunately, I ran out of time to blog it when…
FTC Busts Check-Issuing Website for Unfair Practices–FTC v. Qchex
By Eric Goldman Federal Trade Commission v. Neovi, Inc., 09-55093 (9th Cir. May 14, 2010) Qchex allowed registered users to create and send checks via a website. Initially, users could submit bank account information and payee information, and Qchex would…
Interesting Database Scraping Case Survives Summary Judgment–Snap-On Business Solutions v. O’Neil
[Post by Venkat, with additional comments from Eric below] Snap-on Business Solutions Inc. v. O’Neil & Assocs., Inc. (N.D. Ohio April 16, 2010) [scribd] Snap-on is one of those cases that’s great because the court canvasses the various claims that…
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…
March 2010 Quick Links
By Eric Goldman Internet Exceptionalism * Stern v. Sony Corp., CV 09-7710 PA (C.D. Cal. Feb. 8 2010) “to the extent Plaintiff is suing Sony as a manufacturer of video games, and the provider of online services, Sony is not…
Another Bad Ruling in Louis Vuitton v. Akanoc
By Eric Goldman Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., 5:07-cv-03952-JW (N.D. Cal. March 19, 2010) I have not seen a definitive statement of facts in this case, so synthesizing various cryptic statements by the court, here’s my understanding…
Regulating Reputational Systems Slides
By Eric Goldman Last week, I presented my Regulating Reputational Systems talk to non-lawyers at the Jewish High Tech Community. My talk slides. I’ve been working on this topic now for about 18 months, and I’m finally getting closer to…
February 2010 Quick Links
By Eric Goldman Copyright * Mavericks Recording Co. v. Harper (5th Cir. Feb. 25, 2010). 17 USC 402(d) precludes an innocent infringement defense in P2P downloading case when the record companies place proper copyright notices on their works. This is…
January 2010 Quick Links
By Eric Goldman Copyright * An English translation of Google’s December loss in France on a Google Book Search lawsuit. * Ed Felten reports on a survey of files available via BitTorrent. Acknowledging some methodological limits, he estimates ~99% were…
Top Cyberlaw Developments of 2009 (Eric’s List)
By Eric Goldman Guest blogger John Ottaviani recently dropped by to offer his perspectives on 2009’s top Cyberlaw developments. While I like his list a lot, I independently developed my own top 10 list that has a different emphasis. You…