Eighth Circuit: No Derivative Liability Under Iowa Spam Statute — Kramer v. Bartok
[Post by Venkat] Kramer v. Bartok, Case No. 08-3841 (8th Cir. Feb. 19, 2010) (scribd link). The Eighth Circuit recently reversed an award of $236 million in damages against a spam defendant based on a theory of secondary liability. The…
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…
Utah May Repeal Its Spyware Control Act–SB 26
By Eric Goldman It’s that time of year again. The Utah legislature is back in session and cooking up new schemes to regulate the Internet. So far I only see one Internet-specific bill in queue, SB 26. Surprisingly, it does…
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…
Court Finds that SMS Spam Messages are Subject to the TCPA and Rejects First Amendment Defense — Abbas v. Selling Source, LLC
[Post by Venkat] Abbas v. Selling Source, LLC, Case no. 09 CV 3413 (N.D. Ill.; Dec. 14, 2009). I didn’t think there was much dispute as to whether SMS spam falls under the Telephone Consumer Protection Act, but Judge Gottschall’s…
Court Rejects Computer Fraud & Abuse Act Claim Based on Unsolicited Text Messages–Czech v. Wall Street on Demand
[Post by Venkat] Czech v. Wall Street on Demand, Inc., No. 09-180 (DWF/RLE) (Dec. 8, 2009). A Minnesota district judge rejected claims brought under the Computer Fraud and Abuse Act based on the receipt of unsolicited text messages. There’s not…
Ninth Circuit Rebuffs Another CAN-SPAM Plaintiff — Asis Internet Services v. Azoogle.com, Inc.
[Post by Venkat] The Ninth Circuit recently rejected [pdf] two appeals brought by CAN-SPAM plaintiff Asis Internet Services. The trial court granted summary judgment in favor of Azoogle and awarded costs. See Eric’s earlier blog post on that ruling. Asis…
“Spam Filter Ate My Electronic Filing Notice” Plaintiffs Get Another Chance — Shuey v. Schwab
[Post by Venkat] The “spam filter ate my electronic filing notice” excuse was an inevitable byproduct of the CM/ECF electronic filing system now in place in federal courts. As expected, courts have not been very sympathetic to this excuse. In…
Tagged Settles Spam and Address Book Harvesting Claims Brought by NY and TX Authorities
[Post by Venkat] Tagged, which is supposedly the “third-largest social networking site in the world” (whatever this means) recently settled enforcement actions brought by New York and Texas Attorneys General. (See coverage at Bits and Media Post.) The basic allegations…
October 2009 Quick Links
By Eric Goldman Just a reminder that I am posting most of these types of links exclusively to my Twitter feed. * Tricome v. eBay, Inc., 2009 WL 3365873 (E.D.Pa. Oct 19, 2009). Court upholds eBay user agreement’s venue selection…