Affiliate Liability Extravaganza
By Eric Goldman [Note: I recently published a version of this article at InformIT. Here’s the pre-edited version I sent them.] Introduction This article discusses marketers’ liability for the actions of their marketing affiliates (what I refer to as “affiliate…
Spam Revisited: Virginia-style
By Ethan Ackerman The Virginia Supreme Court revisits its First Amendment holding in Jaynes. In what is likely a second stroke of luck for criminal spammer Jeremy Jaynes, the Virginia state Supreme Court recently granted a discretionary rehearing on the…
47 USC 230 Trifecta of Cases–Friendfinder, e360insight, iBrattleboro
By Eric Goldman 47 USC 230 cases have been coming at such a rapid clip that I’ve fallen behind. In this blog post, I’ll catch up on three recent cases: Friendfinder Doe v. Friendfinder Network, Inc., 2008 WL 803947 (D.N.H….
Still Standing? Catching Up on the Jaynes Case
By Ethan Ackerman Virginia’s 1st-Amendment-deficient Spam law is still standing, but only because the Va. Supreme Court closely split over whether Jeremy Jaynes had standing to challenge it. A cynic could dismiss the most recent ruling in this fairly well-covered…
March 2008 Quick Links, Part I
By Eric Goldman It’s a sign of my busy March/April that I am just now posting these… Reputation/47 USC 230 * I have a lot to say about the JuicyCampus story (AP, MSNBC, Chronicle of Higher Education). Unfortunately, I ran…
Feb. 2008 Quick Links
By Eric Goldman Advertising * BusinessWeek: Monetizing social networking sites isn’t as easy as everyone had hoped, clickthrough rates are through the floor (0.04%!), and ad proliferation on the sites is driving users away. * Wilbur, Kenneth C. and Zhu,…
Jan. 2008 Quick Links (Non-IP Edition)
By Eric Goldman 47 USC 230 * Doe v. SexSearch, the case absolving a website for age verification of its users, has been appealed. * The Supreme Court denied cert in Parker v. Google. See 2008 WL 114262. * NYT…
Oct.-Nov. 2007 Quick Links, Part 2
By Eric Goldman Marketing/Branding * To stimulate demand for its services, the British postal service is pointing out that snail mail is a good way to use olfactory marketing. Try to keep up with THAT, spammers! But doesn’t this give…
Facebook v. ConnectU Update
By Eric Goldman Facebook, Inc. v. ConnectU LLC, 2007 WL 4249924 (N.D.Cal. Nov. 30, 2007) (denying sanctions); Facebook, Inc. v. ConnectU LLC, 2007 WL 4249926 (N.D.Cal. Nov. 30, 2007) (dismissing individual defendants) You may recall the intertwined relationship between ConnectU…
Yale Reputation Economies Symposium Recap
By Eric Goldman Reputation is a hot topic in Cyberlaw circles, so the Yale ISP conference on Reputation Economies in Cyberspace came at a propitious time. Some of my meta-observations from the talks. 1) We lack a uniformly accepted definition…