FTC Says No Undisclosed Adware? In the Matter of Advertising.com
In the Matter of Advertising.com, Inc., and John Ferber, Federal Trade Commission File No. 042-3196 (consent order announced Aug. 3, 2005). The FTC is signaling that it is sending a “message” with this case. The only problem? I’m not sure…
Are Adware Advertisers Responsible for Adware?
The topic of “who is responsible for what?” in the adware industry keeps coming up. I’ve repeatedly blogged on this topic in somewhat piecemeal fashion, but I finally organized my thoughts into an editorial that ran this morning in News.com….
New Case Law Lists
Sorry for the catch-all posting, but I have uploaded several new resources to my website: A list of online contracts cases (emphasizing, in particular, online contract formation). A list of online service provider liability cases (copyright, trademark, 47 USC 230)….
Milwaukee Radio Station Settles 47 USC 230 Lawsuit
The Journal-Sentinel reports today that WTMJ-AM settled a libel lawsuit that appeared to be directly covered by 47 USC 230. A talk radio host, Charlie Sykes, received an email from a listener and then reposted the letter on his blog….
Kevin Kelly on the Web’s Past, Present and Future
Kevin Kelly writes a fantastic essay at Wired on the Internet circa 1995, 2005, and 2015. It’s an excellent read, so I won’t spoil all of the fun. However, two passages of particular note. First, he hits the nail on…
Patent Reform Act of 2005–July 26 Draft
A new draft of the Patent Reform Act of 2005 (HR 2795) has been circulated. Among other noteworthy aspects, this draft drops the limitations on injunctive relief–perhaps expedient to move the bill forward, but a disappointing omission IMO nonetheless. At…
Challenge to CDA’s Obscenity Provision Rejected–Nitke v. Gonzales
Nitke v. Gonzales, No. 01 Civ. 11476 (SDNY July 25, 2005). This case involves a challenge to the 1996 Communications Decency Act’s restriction on disseminating obscenity over the Internet. The basic gist is that there are different standards for evaluating…
Surowiecki on the Decline of Brands
Catching up on back reading, I came across James Surowiecki’s Wired article The Decline of Brands from Nov. 2004. If you haven’t read it, I recommend the article highly–it’s provocative and interesting. Surowiecki argues that consumers’ brand loyalty has declined…
Internet Hunting Editorial
On my other blog, I have frequently railed against the regulatory response to Live-shot.com and hunting via the Internet (you can find postings sprinkled throughout this page). I finally organized my thoughts into an editorial that ran today in the…
Bellia on Spyware, and Searcy v. Microsoft
Patricia Bellia of Notre Dame Law School recently posted a paper on spyware and surveillance laws, Spyware and the Limits of Surveillance Law. She challenges those who believe that the Electronic Communications Privacy or the Computer Fraud and Abuse Act…