Ninth Circuit En Banc ruling in Gator.com v. LL Bean
Gator.com v. LL Bean, 2005 WL 351228 (9th Cir. Feb. 15, 2005). In 2001, LL Bean sent a C&D to Gator (now Claria). Gator responded by suing for a declaratory judgment. The district court dismissed Gator’s lawsuit for lack of…
House Subcommittee Approves SPY Act
The Subcommittee on Commerce, Trade, and Consumer Protection of the House Committee on Energy and Commerce has approved the SPY Act with a modification to clarify that cookies are not covered.
A blog worth watching
There are a lot of good blogs out there, and at some point I’ll provide a list of the ones I check regularly. But today, by accident, I stumbled across the Guiding Rights blog by Mark Partridge and immediately added…
Claria Goes Mainstream
Claria is planning to deliver ads by buying excess inventory and reselling the inventory at a higher price by using behavioral targeting. This seems to turn Claria into a pretty run-of-the-mill ad network. Is this a good thing or a…
Microsoft Anti-Spyware Tool
Microsoft will be giving away its anti-spyware tools. I’m not sure this will be a good thing. Given the inherent subjectivity of the definition of “spyware,” the last thing I want is Microsoft making that decision for me. Do you…
State Anti-Spyware Laws
Ben Edelman has put together this very helpful page on state anti-spyware laws.
Goodlatte Reintroduces Anti-Spyware Law
Goodlatte has reintroduced his anti-spyware bill. As of today, I didn’t see a bill number yet. Compared to the other anti-spyware bills, Goodlatte’s bill was relatively inoffensive. The basic structure was to criminalize unauthorized placement of a software program on…
More on TRUSTe’s Seal Revocation
A follow up article to my previous post on TRUSTe. It looks like the problem will be solved soon by the licensee paying some money for additional employee training. This reinforces the question: just how much value is a TRUSTe…
New UETA case
Lamle v. Mattel, 394 F.3d 1355 (Fed. Cir. Jan. 7 2005) finds that an email sent before the enactment of UETA satisfies the Statute of Frauds, and the email certainly would satisfy the SOF under UETA.
“Rich Internet Applications” and Spyware
Bob Tedeschi runs a good article on “rich Internet applications.” This technology is a small applet that is downloaded to the user’s computer to facilitate getting the user to the right place. For example, the software will monitor a user…