By Tyler Ochoa [Eric’s note: my colleague Tyler Ochoa contributes to the blog from time to time. This time, he submits a modified version of a letter he sent to the editors of the San Francisco Chronicle, wherein he explains…
by Ethan Ackerman On Sept. 19th, a California state appellate court held that CAN-SPAM doesn’t categorically trump state laws that may address email. Defendant retail store Pottery Barn was hoping it would agree with the initial ruling of the California…
Resale of International Textbooks to US Students Not Protected by First Sale Doctrine–Pearson v. Liu
By Eric Goldman Pearson Education, Inc. v. Liu, 2009 WL 3064779 (S.D.N.Y. Sept. 25, 2009) As a complement to Venkat’s excellent post on Vernor v. Autodesk from this morning, it turns out that we are celebrating First Sale Doctrine day…
By Venkat Balasubramani [A big thanks to Professor Goldman for the guest blogging opportunity. I jokingly mentioned that asking me whether I was interested in guest blogging was the law blog industry equivalent of Oprah calling one of her viewers…
By Eric Goldman It’s my pleasure to welcome Venkat Balasubramani as a guest blogger. I’m fortunate that I can make this introduction in writing and not orally because I still don’t know how to pronounce his last name. As my…
By Eric Goldman In reading the FTC’s new rules on endorsements and testimonials in advertisements, I was struck by the FTC’s expansive vision of advertiser liability for third party-caused violations. In particular, the FTC apparently has made the same analytical…
By Eric Goldman Intellect Art Multimedia v. Milewski, 117024/08 (NY Sup. Ct. Sept. 15, 2009). For more background on the lawsuit, check out the companion blog. This case involves the “Swiss Finance Academy,” an expensive summer college program. A disgruntled…
By Eric Goldman Estavillo v. Sony Computer Entertainment America, 2009 WL 3072887 (N.D. Cal. Sept. 22, 2009) Sony’s PS3 online network isn’t a company town or otherwise a state actor subject to First Amendment obligations. As a result, Judge Whyte…
By Eric Goldman [Note: I’m embarrassed to admit that it has taken me 5 months to write this recap. Normally at this late date I’d just give up, but for an event 100 years in the making, a 5 month…
By Eric Goldman Scott v. Scribd, Inc., 4:09-cv-03039 (S.D. Tex. complaint filed Sept. 18, 2009) (linked to a copy of the complaint hosted on Scribd, of course!). If you’re interested, my page of Scribd uploads. I hadn’t planned to blog…