Ninth Circuit Mucks Up 47 USC 230 Jurisprudence….AGAIN!?–Barnes v. Yahoo
…v. Amazon.com ruling, which said that 230 preempted a claim for breach of contract based on a promise to take down content. I assume that ruling is now shaky precedent….
Q1 2009 Quick Links, Part 4
…was insufficient evidence that the defendant had ever visited the site. * Cherny v. Emigrant Bank, 2009 U.S. Dist. Lexis 2486 (March 12, 2009). Latest case that breach of privacy…
Q1 2009 Quick Links, Part 1 (Copyright Edition)
…No. C 06-01905 (N.D. Cal. Jan. 5, 2009). On remand from the Federal Circuit, the lower court dismissed the breach of contract claim for lack of alleged damages and on…
The [Non]enforceability of Privacy Promises–Pinero v. Jackson Hewitt
…more than egregiousness. Ms. Pinero discovered that a Jackson Hewitt Tax Service licensee that prepared her taxes had breached its privacy policy when a local news station contacted her and…
December 2008 Quick Links, Part 1
…Dec. 22, 2008): The court realizes that a simple internet search for “nerds on call” could return the Nerds/California site. If a person has lived in Indiana and used Nerds/Indiana’s…
Oracle v. SAP Updates–Third Amended Complaint, Motion to Dismiss Ruling, SAP’s Latest Answer
…cleans up the case a bit but doesn’t really affect the substance of the case. Personally, I was a little confused about the ruling on copyright preemption of the breach…
Doe v. SexSearch Affirmed by 6th Circuit, But Not on 230 Grounds
…also involving online hook-ups leading to offline statutory rapes. That case turned on a negligence-style “premises liability” theory rather than a breach of contract/false marketing representation theory, but the Sixth…
Lawsuit Over Google Ads for Mobile Services Dismissed Per 230–Goddard v. Google
…per the exclusion for federal criminal law (230(e)(1)). The court correctly rejects this but doesn’t cite precedent on this point, missing Doe v. Bates. Breach of Contract/Negligence The plaintiff’s other…
Federal Circuit Comes to Santa Clara University Next Week
…claims that the U.S. Government is liable for breach of contracts for trapping beavers and hogs at the Department of Energy’s Savannah River Site in South Carolina. At trial, the…
Search Engine “Cache” Function Covered by Implied License–Parker v. Yahoo
…to dismiss the secondary infringement claims. Finally, the court breezily dismisses a breach of contract and negligence claim as being preempted by copyright law. I think the preemption of the…