Q4 2012 Quick Links, Part 3 (47 USC 230 and more)
…wonder if any competitors will try to game this by falsely trying to buy reviews in their competition’s name? * Company Doe v Tenenbaum. Restricting CPSC from publishing a report…
In Its Rush to Fix Patent Reform, Congress Didn’t Fix Its Biggest Error (Forbes Cross-Post)
…accounts, in the AIA, Congress intended to remove the “could have been raised” language and provide a narrower estoppel for PGR proceedings. As the Congressional committee report explains, the PGR…
Section 230 Still Keeping the Pro Se Plaintiffs at Bay–Klayman v. Facebook, and More
…The court then says Merritt’s claims fall “squarely” in Section 230’s immunity. Nieman v. Versuslaw, Inc., 2012 WL 3201931 (C.D.Ill. August 3, 2012). See also the magistrate’s report, 2012 WL…
The FTC’s New Kid Privacy Rules (COPPA) Are a Big Mess (Forbes Cross-Post)
…marble-mouthed way. The basic rule of who is governed hasn’t changed, but the details have: Directed to Kids. If you ask for age information and users self-report being under 13,…
When Will We Give Up the Charade That Numbers Are Copyrightable?–National Football Scouting v. Rang
…Rang’s own impressions of the player and his draft prospects….The transformative nature of Rang’s articles does not interfere with the potential market for the Scouting Reports. The Scouting Reports are…
How to Fix Software Patents (Forbes Cross-Post)
…patent adjudication costs. Second, the evidence to prove or disprove independent invention often will be self-serving, like asking engineers to self-report what material they reviewed to achieve their goals. Third,…
Two More Cases Hold That Anti-SLAPP Laws Protect Consumer Reviews
…anti-SLAPP bonus of $10,000 per defendant (a total of $30,000). More Reading * Ripoff Report and Topix Postings Protected by California’s Anti-SLAPP Law–Chaker v. Mateo * We Need Federal Anti-SLAPP…
Sex Offender Online Registration Statute Covers New Myspace Account — State v. White
…report its creation to law enforcement.” The court rejects defendant’s argument that, because he previously reported his email address, he shouldn’t have to report the Myspace account, saying that the…
Expert Report on the Value of Consumer Review Websites and 47 USC 230
…training and experience. About My Relationship with Ripoff Report: I have repeatedly written and spoken about the Ripoff Report, including numerous blog posts (both favorable and unfavorable) about its lawsuits….
AmeriGas Gives Up Its Lawsuit Against PissedConsumer
By Eric Goldman AmeriGas and Opinion Corp. (PissedConsumer) have settled their case. Law360 report. My prior blog post on a preliminary ruling in this case. I blog about settlements only…