Nails, Coffins, Spam, and the Dormant Commerce Clause?
…Code confused the court? The Court’s opinion goes on for several pages, correctly espousing and illuminating the (correct, but not actually raised) principle that the First Amendment doesn’t sanction trespass….
August 2006 Quick Links (Volume 1)
…was a pretty good list. I do think we should give even more credit to the early coders who worked for the space program—they wrote amazing and (usually) reliable software…
Wikipedia and 230, and a Great 230 Case Law Resource
…this Article concludes that the Wikipedia will prevail on the basis of § 230(c)(1) immunity, it offers a few thoughts for shaping its code in the shadow of the law….
Google Hits and Misses
…facets of the company–e.g., engineering (especially for bug fixes and code integration with new offerings), finance, legal, marketing–without necessarily producing the desired returns. Meanwhile, they consume a lot of managerial…
Google Avoids Another Lawsuit Over Rankings (For Now)–Roberts v. Google
…Roberts claims that Google made negligent misrepresentations and violated California’s unfair competition law (Business & Professions Code Sec. 17200). After filing the lawsuit, Roberts received a preemptive phone call from…
KinderStart v. Google Motions to Dismiss and Strike
…protected speech. As the motion to strike explains: Under Cal. Civ. Proc. Code § 425.16, a defendant may move to strike from a complaint claims for relief arising from defendant’s…
Ebates Sued for Trespass to Chattels–Sotelo v. Ebates
…and Civ. Code 1021.5 The Chicago Tribune article on this lawsuit and Collins generally. A status report on the other adware-related civil litigation that I know about: * Sotelo v….
Google Sued Over Rankings–KinderStart.com v. Google
…dynamic and competitive with several large players, as the statistics clearly illustrate. California Business and Professions Code Sec. 17200 I’m not an expert in this law, but this claim looks…
Top Cyberspace IP Cases of 2005
…NCSoft Corp., No. CV 04-9253-RGK (C.D. Cal. Aug. 22, 2005). In a later ruling, NCSoft’s claims that Marvel sent bogus takedown notices under the false DMCA notification provisions of 17…
BitTorrent to Enforce BITTORRENT Trademark
…as important as licensing in coordinating development and maintaining the quality of an open source program. Any developer can take Linux or BitTorrent code and adapt it to their purposes….