By Eric Goldman Oracle Corporation v. SAP AG, 3:07-cv-01658-EMC (N.D. Cal. complaint filed March 22, 2007) I realize I’m a couple weeks late to this story, but it’s too important/interesting a case not to address. TomorrowNow (TN) is a company…
By Eric Goldman The Agence France-Presse v. Google lawsuit has settled. See news reports: AP, CNET News.com. Like it did with the Associated Press, Google struck a licensing deal for AFP content, including indexing it in Google News. Financial terms…
by Ethan Ackerman Free Speech Coalition, Inc. v. Shurtleff, 2:05CV949DAK (D. Utah March 23, 2007) Why do courts seem eager to use CAN-SPAM’s preemption language to give state email laws a free pass from the Dormant Commerce Clause? Utah’s courts…
By Eric Goldman Feldman v. Google, Inc., 2007 WL 966011 (E.D. Pa. March 29, 2007) Yet another click fraud lawsuit, this time involving one of the 556 plaintiffs that opted out of the Google click fraud settlement. In my prior…
By Eric Goldman I’ve never understood the legal distinctions between “editorial content” and “marketing.” To me, content is content. Certainly, content can have problematic/harmful attributes, such as false content. And often I want to know more about the identity of…
By Eric Goldman Utah SB 236 (the “Trademark Protection Act”), enacted March 19, 2007 Legislators enact stupid laws all of the time, but some laws transcend mere stupidity and produce a single 3 letter response: WTF? And no legislature has…
By Eric Goldman Perfect 10, Inc. v. CCBill LLC, No. 04-57143, 04-57207 (9th Cir. March 29, 2007) The Ninth Circuit issued an important but characteristically quirky opinion in Perfect 10 v. CCBill. This omnibus opinion covered a lot of disparate…
By John Ottaviani The Free Software Foundation posted draft 3 of GPL3 on its website today. The General Public License (GPL) is one of the most widely used open source licenses. Version 1 was released in 1981, and Version 2…
By John Ottaviani Various sources are reporting that EMI has agreed to settle its copyright infringement lawsuit against Bertelsmann AG related to Bertelsmann’s investment in Napster. The settlement removes the last large record label with claims against Bertelsmann in the…
By Eric Goldman Twentieth Century Fox Films Corp. v. Cablevision Systems Corp., No. 06-Civ. 03390 (SDNY March 22, 2007) Not infrequently, copyright defendants argue that they are offering a service that passively implements consumer directions to infringe. In some cases,…