Top Ten Internet Law Developments of 2012 (Forbes Cross-Post)
By Eric Goldman I’m pleased to share my list of top 10 developments of 2012: #10: The Push Towards Anti-Class Action Arbitration Clauses. In 2011, the U.S. Supreme Court ruled in AT&T Mobility v. Concepcion that businesses may be able to adopt mandatory…
Let’s Stop Using the Term “Soft IP”
By Eric Goldman You may have heard–or even used–the phrase “soft IP.” I’m not a fan of it, and I think we should retire the term. The term “soft IP” is inherently ambiguous. Sometimes, people use “soft IP” to refer…
Privacy Plaintiffs in Deep Packet Inspection Case Get No Love From the Tenth Circuit — Kirch v. Embarq Managmenet
[Post by Venkat Balasubramani] Kirch v. Embarq Management, No. 11-3275 (10th Cir. Dec. 28, 2012) This is an appeal from one of the many lawsuits against IAPs for implementing the ill-fated NebuAd “deep packet inspection” system. Here’s my post on…
Section 230 Still Keeping the Pro Se Plaintiffs at Bay–Klayman v. Facebook, and More
By Eric Goldman I’m personally committed to blogging every Section 230 case I see, but I fell off the wagon in the second half of 2012. So what better way to usher out 2012 and ring in the new year…
Google’s Privacy Policy Integration Initially Defeats Legal Challenge — In re Google Privacy Policy Litigation
[Post by Venkat Balasubramani with comments from Eric] In re Google, Inc. Privacy Policy Litigation, C 12-01382 PSG (N.D. Cal.; Dec. 28, 2012) In a decision that should be closely watched by the Instagram plaintiffs who are complaining about Instagram’s…
Lawsuit Against Instagram Over Terms of Service Changes Looks Flimsy — Funes v. Instagram
[Venkat Balasubramani with a comment by Eric] Funes v. Instagram, 12-6482 (N.D. Cal. complaint filed Dec. 21, 2012) Eric and I posted about Instagram’s recent TOS rev. Neither of us were particularly enthusiastic about the changes. (See Facebook’s Proposed Amended…
Facebook’s Proposed Amended Sponsored Settlement and Instagram’s TOS Revs
[Post by Venkat Balasubramani] Fraley v. Facebook, 11-cv-196193 (N.D. Cal.) (Amended Proposed Settlement) (Motion to Approve) (Preliminary Approval) (case docs, compiled by Citizen Media) I initially passed on blogging the amended proposed settlement agreement in Fraley v. Facebook, the Sponsored…
Employee/Ex-Employer Lawsuit Over Twitter Account Settles – Phonedog v. Kravitz
[Post by Venkat Balasubramani] PhoneDog v. Kravitz, No. C 11-03474 MEJ (N.D. Cal.) This is one of the first cases where employee and employee (in this case contractor) battled over a Twitter account. Noah Kravitz worked for PhoneDog as a…
Employee Terminated for Facebook Message Fails to State Public Policy Claim — Barnett v. Aultman
Barnett v. Aultman Hosp., 11-CV-399 (N.D. Oh. Oct. 31, 2012) Barnett was a nurse at Aultman Hospital. She didn’t particularly get along with her supervisor, Lisa Summer. While Barnett was on vacation, she received word that Summer had been fired….
How Long Does a Post-Mortem Right of Publicity Last?–Hebrew University v. GM (Guest Blog Post)
by Guest Blogger Tyler Ochoa The right of publicity is a state-law right to use one’s identity for a commercial purpose. Thus, if you want to use a celebrity’s name or image in an advertisement, you have to get his…