By Eric Goldman Mark Lemley, Rationalizing Internet Safe Harbors Mark Lemley has weighed in on an topic near and dear to my heart–secondary liability online. He advances two principal arguments in his paper. First, it would make sense to harmonize…
By Eric Goldman I’ve posted my 2007 Cyberlaw syllabus. Unlike the past few years, which were a little slow cyberlaw-wise, the past 12 months saw a lot of important developments. Let me recap some of changes I made to my…
By Eric Goldman Last week I blogged on the new paper by Frank Pasquale and Oren Bracha advocating for substantive regulation of search engine operations. In my critique, I said: My biggest beef with the paper is that it focuses…
By Eric Goldman Oren Bracha and Frank Pasquale, Federal Search Commission? Access, Fairness and Accountability in the Law of Search Frank Pasquale has written several interesting papers on search engine regulation. See, e.g., my blog post on a prior work…
By Eric Goldman Recently I blogged on a study showing that consumers like search results more when they are branded as coming from Google, even if the search results are substantively identical. We now have a similar study, this time…
By Eric Goldman Gordon v. Virtumundo, 06-0204-JCC (W.D. Wash. Aug. 1, 2007) I believe this ruling represents the first time that a CAN-SPAM plaintiff has been ordered to pay attorneys’ fees and costs to a defendant. As a result, it’s…
By Eric Goldman New Mexico v. Kirby, 2007-NMSC-034 (N.M. June 13, 2007) This is a very confusing case, so maybe you can help me figure out what it means. At minimum, this case highlights the problems that can be arise…
By Eric Goldman Virtual Worlds * After a remarkable run as media darlings, Second Life is now experiencing some of the inevitable backlash. Case in point: Wired’s “How Madison Avenue Is Wasting Millions on a Deserted Second Life.” In this…
By Eric Goldman Search Engines * According to this study, up to 40% of search queries are “re-finding queries” (i.e., the searcher is trying to re-find previously viewed information). The implication: “Because people repeat queries so frequently, search engines should…
By Ethan Ackerman In June, privacy advocates generally celebrated the Sixth Circuit’s important 4th Amendment ruling in US. v. Warshak. But hot on its heels, the Ninth Circuit sobered the tone rather quickly in US. v. Alba, declining to find…