StubHub Gets Section 230 Immunity from Anti-Scalping Laws Because Users Set Prices–Hill v. StubHub
…approximately 300 reported decisions addressing immunity claims advanced under 47 U.S.C. § 230 in the lower federal and state courts. All but a handful of these decisions find that the…
Facebook, Google and Lexis-Nexis Get 47 USC 230 Immunity in a Bizarre Case Involving a Missing Sex Toy–Gaston v. Facebook
…against those three defendants who should be dismissed with prejudice. Gaston didn’t contest the magistrate report, so the judge adopted the magistrate’s opinion verbatim. The most noteworthy feature about this…
Banning Sex Offenders from Social Networking Sites is Unconstitutional–Doe v. Jindal
…can still use the Adam Walsh/KIDS Act database to block known sex offender aliases. (Of course sex offenders may not properly report all of their aliases, a general deficiency of…
Just How Egregiously Must a Trademark Plaintiff Act Before a Court Awards Attorneys’ Fees to the Defendant?–1-800 Contacts v. Lens.com
…infringement. * Lens.com did engage in competitive keyword advertising, even if its purchases were “minuscule.” * Lens.com itself was sanctioned for discovery violations. * even though 1-800 Contacts’ expert reports…
Egregious/Overreaching Ex Parte Orders for Rightsowners Keep Coming — Deckers and Richemont
[Post by Venkat Balasubramani, with comments from Eric] Deckers v. Liyanghua, 11-cv-07970 (N.D. Ill.; Dec. 15, 2011) (report and recommendation) Deckers proceeds against a slew of domain names in Illinois….
Copyright Doe Defendant Can’t Quash Disclosure Subpoena Anonymously—Hard Drive Productions v. Does (Guest Blog Post)
…monitoring P2P File Sharing Networks, University of Washington Technical Report, UW-CSE-08-06-01, and because a number of ISPs use dynamic IP addresses (where an IP address is rotated between several users)…
Attempted Trademark Workaround to 47 USC 230 Immunity Fails Badly—Ascentive v. PissedConsumer [Catch-Up Post]
…v. Ripoff Report. Separately (and not relying on 230), the court tosses the RICO claim because the plaintiffs didn’t show that PissedConsumer engaged in commercial bribery or extortion. On these…
Did a Court Eliminate 512(h) Subpoenas?–Maximized Living v. Google
…by David Gingras [Eric’s introduction: Many of you already know David Gingras due to his positions as General Counsel for Ripoff Report and litigation counsel for thedirty.com. While drafting this…
I’m Not a Fan of this Craptastic Trademark Lawsuit–Fancaster v. Comcast
…surveys when websites are involved. JUST FOR LAW PROFESSOR READERS: Our colleague Greg Lastowka (a longtime friend) gets toasted by the judge for his expert report, which the judge repeatedly…
Nov.-Dec. 2011 Quick Links, Part 1
…was too premature. Rebecca’s coverage. * News report that, per 47 USC 230, Worcester Telegram & Gazette wasn’t liable for user-posted comments to one of its stories. Naturally, the plaintiff…