Nov.-Dec. 2010 Quick Links, Part 5
…This is one of those doctrinally troubling rulings that I choose to ignore because it’s a default judgment. See the magistrate report and the judge’s adoption. * Latest NYT article…
Nov.-Dec. 2010 Quick Links, Part 2
…Congress to the FCC’s power grab and the likelihood that the courts will say the FCC overstepped its authority, are these DOA? * The FTC released a report, Protecting Consumer…
Ripoff Report Isn’t Bound By Injunction Against User Post–Blockowicz v. Williams
…Ripoff Report. They obtained a default injunction against the posters requiring removal of the posts. With this default order and the defendants AWOL, the Blockowiczs approached Ripoff Report and other…
Court Unlocks Allegedly Infringing Domain Name Based on Ineffectual Email Service — Station Casinos, Inc. v. Murphy
…enforce the judgment but the court rejected Arden’s arguments. It’s unclear as to whether the court orders the domain name transferred to Rip-off Report or whether Rip-off Report has to…
Court: Search of Contents of Student Cell Phone Covered by Qualified Immunity — J.W. v. Desoto County School Dist.
…it OKs a search of the contents of the phone based on a report from a student that a message from another student that is “either threatening or criminal or…
Court Finds That Threatening Video Posted to YouTube and Facebook Can Constitute a “True Threat” — US v. Jeffries
[Post by Venkat] US v. Jeffries, 10-CR-100 (E.D. Tenn) (Report and Recommendation; Oct. 22, 2010) Background: The defendant was charged with transmitting a video through interstate commerce which contained a…
Holomaxx Sues Yahoo, Microsoft, and Others for Non-Delivery of Bulk Emails
…Email Delivered” The Magill Report: “Email Marketer Sues Microsoft, Yahoo, Return Path, Cisco Ironport” Al Iverson: “Holomaxx suing Microsoft, others” & “Holomaxx Link Roundup” TechEye: “Holomaxx sues Microsoft over mass…
Online Forum Operator Gets Easy 47 USC 230 Win–Two Plus Two v. Jacknames
…the doctrinal mistake as the product of typical lay person legal misunderstandings. However, the Westlaw report lists the national powerhouse law firm of Greenberg Traurig as plaintiff’s counsel. Did they…
Political Campaigns and Copyright Infringement
…a mandatory three strikes rule yet). The CDT recently released a report on takedowns in political campaigns providing more examples. If my impression about the trend is right, a couple…
Former Employee’s ‘Email Barrage’ Does Not Support CAN-SPAM or Computer Fraud and Abuse Act Claims — Nyack Hosp. v. Moran
…of several Hospital employees . . . and urged the . . . recipients to report the alleged wrongdoings to the Hospital’s Board of Trustees and the Rockland Journal News.”…