Gonzales Seeks Harsher Criminal Copyright Infringement Standards
By Eric Goldman CNET reports that Atty. Gen. Gonzales has proposed new amendments to criminal copyright infringement, including: * criminalizing the “attempt” to infringe * requiring criminal defendants to pay “other victims of the offense” in addition to the copyright…
Google Launches Affiliate Programs
By Eric Goldman Google has launched 2 new affiliate programs. The first pays $100 for referring a new AdSense publisher who generates $100 in AdSense earnings. The second pays $1 for each new FireFox install containing the Google Toolbar. When…
Keyword Lawsuit Between Office Depot and Staples
By Eric Goldman Office Depot, Inc. v. Staples, Inc., No. 05-80901 (S.D. Fla. complaint filed Oct. 4, 2005 and answer/counterclaims filed Oct. 18, 2005). The WSJ picked up this story a few weeks ago, but I finally got my hands…
Amazon Pages and Google Library’s Fair Use Defense
By Eric Goldman I’m intrigued by Amazon’s and Random House’s introduction of a pay-per-book-page feature (Amazon is calling its feature “Amazon Pages”). From a legal standpoint, I wonder: will this announcement have any effect on Google’s fair use arguments for…
Is Sony’s DRM Spyware?
By Eric Goldman Sony’s DRM software generated lots of discussion and new information since my last post on the subject. The discussion (especially the many great comments I got in response to my previous post) has prompted me to change…
Rothman on Initial Interest Confusion
By Eric Goldman Jennifer Rothman, a new full-time law professor at Washington University in St. Louis, has published Initial Interest Confusion: Standing at the Crossroads of Trademark Law, 27 Cardozo L. Rev. 105 (2005). She uses the initial interest confusion…
Search Engine Indexing Case–Newborn v. Yahoo
By Eric Goldman Newborn v. Yahoo, Inc., 2005 WL 2416336 (DDC Sept. 27, 2005) We got a new case on search engine liability for indexing content. The importance of the topic makes the case blog-worthy, even though this particular case…
Adult Webmaster Criminally Prosecuted for User-Uploaded Photos
By Eric Goldman Chris Wilson runs a website called NowThatsFuckedUp.com (first page is office-safe; I didn’t look further!). The website describes itself as “an Amateur community for wife and girlfriend pictures,” and the photos contain graphic depictions of people engaged…
Sony, DRM and Trespass to Chattels
By Eric Goldman A minor storm is brewing over Sony’s installation of DRM software on users’ computers when they play Sony’s CDs. Sony’s software is installed as a “rootkit,” a difficult-to-remove installation, and it supports Sony’s DRM, which really irritates…