Vendor Fails to Form Either an Online or Paper Contract With Customers–Kwan v. Clearwire
[Post by Venkat Balasubramani] Kwan v. Clearwire Corp., C09-1392JLR (W.D.Wash.; Jan. 3, 2012) Professor Goldman blogged recently about a case involving Facebook where the court enforced Facebook’s terms of use and based on a venue clause in Facebook’s terms transferred…
Judge Can’t Decide if Facebook’s User Agreement is a Browsewrap, But He Enforces It Anyways–Fteja v. Facebook
By Eric Goldman Fteja v. Facebook, Inc.,2012 WL 183896 (S.D.N.Y. Jan. 24, 2012). Fteja’s initial “complaint” (filed as an order to show cause). If I could wave a magic wand, I’d retire the phrases “clickwrap” and “browsewrap.” Those terms trace…
Google Gets Significant Win in AdWords/Parked Domains Case
By Eric Goldman In re Google AdWords Litigation, 2012 WL 28068 (N.D. Cal. Jan. 5, 2012) Google defeated class certification in an AdWords-related case over Google’s placement of ads on parked domains. This almost certainly ends this case in practice,…
Another Set of Parties Duel Over Social Media Contacts — Eagle v. Sawabeh
[Post by Venkat Balasubramani] Eagle v. Morgan, 11-4303 (E.D. Pa.; Dec. 22, 2011) Background: Dr. Linda Eagle, who holds a Ph.D. in communication and psychology, teamed up with Clifford Brody and founded Edcomm. They were later joined by Davi Shapp….
Facebook “Sponsored Stories” Publicity Rights Lawsuit Survives Motion to Dismiss–Fraley v. Facebook
By Eric Goldman Fraley v. Facebook, Inc., 2011 WL 6303898 (N.D. Cal. Dec. 16, 2012) Because Facebook does so many things that aren’t in users’ interests, their “Sponsored Stories” program barely registers. Nevertheless, Sponsored Stories demonstrates why many people are…
Can A Copyright Be Assigned By Email?–Hermosilla v. Coca-Cola
By John Ottaviani with comments from Venkat and Eric Vergara Hermosilla v. The Coca Cola Company, No. 11-11317 (11th Cir. Nov. 3, 2011). Can a copyright be assigned by an exchange of emails? Section 204(a) of the Copyright Act provides…
Courts Says Employer’s Lawsuit Against Ex-Employee Over Retention and Use of Twitter Account can Proceed–PhoneDog v. Kravitz
[Post by Venkat Balasubramani] PhoneDog v. Kravitz, 2011 WL 5415612 (N.D. Ca.; Nov. 8, 2011) Another day, another post-employment dispute over a social media account. In this case, Noah Kravitz worked for PhoneDog, which is an “interactive mobile news and…
Stebbins’ Lawsuit Against Google Dismissed as “Frivolous”–Stebbins v. Google
By Eric Goldman Stebbins v. Google, Inc., 2011 WL 5150879 (N.D. Cal. Oct. 27, 2011). Stebbins’ motion to confirm arbitration award (the equivalent of his complaint in this case). Arkansas resident David Stebbins appears to be cranking up a one-man…
Yahoo Partially Defeats Lawsuit Over Wrongful Account Termination–Buza v. Yahoo
By Eric Goldman Buza v. Yahoo, Inc., 2011 WL 5041174 (N.D. Cal. Oct. 24, 2011). The complaint. Buza claims Yahoo terminated two GeoCities accounts related to his advocacy efforts. Buza is proceeding pro se, which is typical for user lawsuits…
Court Rejects Copyright Misuse Defense Against Apple and Affirms License Restrictions in OS X License Agreement — Apple v. Psystar
[Post by Venkat Balasubramani] Apple Inc. v. Psystar Corp., 10-15113 (9th Cir. Sept. 28, 2011) [pdf] This is a dispute over whether Apple can enforce a restriction in its software license agreements which requires end users to run the Mac…