California’s Resale Royalty Statute Violates the Dormant Commerce Clause—In Part (Guest Blog Post)
…It is widely acknowledged that the California statute has been, in the words of Hamlet, “more honored in the breach than in the observance.” (A 2011 New York Times article…
Court Might Enforce A Contract Ban On Consumer Reviews (Forbes Cross-Post)
…posted critical reviews on VRBO. Mr. Galland allegedly offered $300–unsuccessfully–to the Bowdens to remove their post. Instead, the Gallands sued the Johnstons and Bowdens for defamation, breach of contract and…
Q4 2014 & Q1 2015 Quick Links Part 1 (Privacy/Security)
…collateral damage * Fusion: More from the Sony Pictures Hack: Budgets, Layoffs, HR Scripts and 3,800 Social Security Numbers * “A concise history of recent Sony hacks” Security Breaches *…
In IMDb Privacy Case, 9th Circuit Rejects Hoang’s Appeal
…prove that she was not in breach of the IMDb subscriber agreement. The Ninth Circuit affirms in a short memo opinion issued a mere month and a half after argument….
Hoang v. IMDb Argued in the Ninth Circuit
…IMDb should have been required to show that she breached and her breach excused its conduct); and whether the trial court properly exercised its discretion in not allowing Ms. Hoang…
Top 10 Internet Law Developments of 2014 (Forbes Cross-Post)
…video documentation of public activities. #3: Cybersecurity Breaches. After the Snowden revelations, 2013 was the year we realized the NSA was listening to everything we did online. 2014 may be…
Fair Use Protects Sending Expert Witness’ Resume to Opposing Counsel–Devil’s Advocate v. Zurich Insurance
…more of Toothman’s perspectives on that issue), Toothman sought compensation in court. He sued Zurich for breach of contract, conversion and copyright. In a prior ruling, the court granted summary…
Venue Clause in YouTube Terms of Service Upheld–Song Fi v. Google
…their video titled “LuvYa LuvYa LuvYa.” YouTube said it removed the video because Song Fi allegedly manipulated the view count and thus breached its terms of service. YouTube eventually re-instated…
The New U.K. Online Gambling Law: Cyberlaw 3.0 – or a Return to Cyberlaw 2.0? (Guest Blog Post)
…in foreign countries. If a jurisdiction licenses operators within its territory, it can also enforce its laws against its licensees, including in situations where licensees are in breach of the…
Android ID Isn’t Personally Identifiable Information Under the Video Privacy Protection Act
…Claim Against Netflix for Disclosing Viewing Histories and Instant Queue Titles Through Netflix-Enabled Devices — Mollett v. Netflix Breach of Data Retention Policy Doesn’t Create Actionable Injury – Burton v….