New York v. Direct Revenue Amicus Brief
By Eric Goldman David Post, Scott Christie and I have filed an amicus brief in New York v. Direct Revenue LLC, No. 401325/06 (N.Y. Supreme Ct.), one of Spitzer’s office’s high-profile enforcement actions against adware companies. Among other aggressive positions,…
eBay User Agreement Upheld, Part II–Durick v. eBay
By Eric Goldman Durick v. eBay, 2006 WL 2672795 (Oho Ct. App. Sept. 11, 2006) I didn’t anticipate this being eBay Law Week, but these issues often seem to arise in cycles. Yesterday I blogged on the Nazaruk case, which…
Amazon’s Display of Book Cover Doesn’t Violate Publicity Rights—Almeida v. Amazon.com
By Eric Goldman Almeida v. Amazon.com, Inc., 2006 U.S. APP. LEXIS 17989 (11th Cir. July 18, 2006) Introduction Product photos on e-commerce websites’ product pages are a notorious liability trap. During my tenure at Epinions, product page photos were the…
Denver IP Summit Presentation
By Eric Goldman I attended the Denver Summit on Intellectual Property and Digital Media. The audience was principally cable industry participants, but there were plenty of content creators (and legal academics) in attendance. I spoke about the various ways that…
Microsoft Will Be an Adware Vendor
By Eric Goldman Microsoft is considering migrating some of its software titles to an ad-supported model instead of a consumer licensing fee model. This isn’t exactly a new idea–this development has been anticipated for at least a decade. However, if…
California Anti-Phishing Law–Cal. B&P Code Sec. 22948
By Eric Goldman Going through my stack, I came across Cal. Business & Professions Code Sec. 22948-22948.3 (SB 355), California’s recently enacted anti-phishing law. In general, compared to other state anti-Internet behavior laws, this law is relatively targeted and unobjectionable….
Jill, Meet Best Buy’s Friendly Human Shopbot/Profiler
I’m a little surprised this article hasn’t generated more discussion. Last week, the Washington Post ran an article about Best Buy’s efforts to segment and target its customer base. They have developed a set of consumer profiles that they describe…
Search Tidbits from ABA Annual Meeting
At the ABA Annual Meeting, I was on a panel with Rose Hagan of Google and Allison McDade of Dell. A couple of tidbits from the presentations that caught my attention: 1) Rose said that Google has now been sued…
eBay, the Search Engine
Is eBay a search engine? Of course it is. eBay is acknowledging as much. As the NY Times reports, “In a conference call, Ms. Whitman also described the importance of improving eBay’s search capability, calling the service as much a…
AOL Advertises on Competitors to Get Traffic to AOL.com
To build traffic for AOL.com, AOL is buying search ads on Google and Yahoo. The article says: “AOL had initially considered spending as much as $50 million on television ads to promote the portal. But that changed after the company…