By Eric Goldman HR 964 For the third year in a row, the House passed the SPY Act. I was hopeful that the House’s passing of the I-SPY Act would forestall further action on this bill, but unfortunately I was…
By Eric Goldman Zango, Inc. v. Kaspersky Lab Inc., C07-0807-JCC (W.D. Wash. TRO motion denied June 6, 2007) Yesterday, Zango’s TRO request against PC Tools was denied but Zango claimed the result was nevertheless a “victory for consumer choice” because…
By Eric Goldman Zango, Inc. v. PC Tools Pty Ltd., C07-0797-JCC (W. D. Wash. TRO denied June 5, 2007) The judge denied Zango’s TRO request against PC Tools. The actual opinion is efficient and somewhat non-committal, as befits an opinion…
By Eric Goldman PC Tools and Kaspersky have responded to Zango’s TRO requests in Zango v. PC Tools and Zango v. Kaspersky. PC Tools’ response reads like a typical anti-spyware gripefest about Zango generally, only some of which actually responds…
By Eric Goldman On the heels of the Roommates.com train wreck, two more defendants have had their 47 USC 230 defenses rejected. Interestingly, both cases come out of Tennessee federal courts in the Sixth Circuit–not normally known as a problem…
By Eric Goldman Spam * MySpace Inc. v. The Globe.com Inc., No. CV 06-3391 RGK (C.D. Cal. Feb. 27, 2007). This case has some personal interest because theglobe.com was one of my flagship clients before I left the law firm…
By Eric Goldman Two updates in the always-interesting Steinbuch v. Cutler case. 1) Steinbuch v. Cutler, No. 05-970 (D.D.C. May 16, 2007). Ana Marie Cox, the Wonkette blogger–who was brought into the suit merely for linking to the allegedly tortious…
By John Ottaviani The Free Software Foundation posted the “last call” draft of version 3 of the GPL on its website yesterday for comment. The General Public License (GPL) is one of the most widely used open source licenses. Version…
By Eric Goldman Let me start with two relatively uncontroversial propositions: 1) UCC Article 2, drafted principally in the 1950s, was designed to govern the sale of tangible items, not software 2) Accordingly, Article 2 fits awkwardly when applied to…
By Eric Goldman The Ninth Circuit has denied an en banc rehearing in Perfect 10 v. CCBill. In doing so, the court amended its opinion to reinforce that it really, really meant that 47 USC 230 preempts all state IP…