Ninth Circuit Opinion in Perfect 10 v. CCBill

By Eric Goldman Perfect 10, Inc. v. CCBill LLC, No. 04-57143, 04-57207 (9th Cir. March 29, 2007) The Ninth Circuit issued an important but characteristically quirky opinion in Perfect 10 v. CCBill. This omnibus opinion covered a lot of disparate…

New Discussion Draft of GPL3 is Posted

By John Ottaviani The Free Software Foundation posted draft 3 of GPL3 on its website today. The General Public License (GPL) is one of the most widely used open source licenses. Version 1 was released in 1981, and Version 2…

The End is Near – Bertelsmann Settles EMI Claims Over Napster

By John Ottaviani Various sources are reporting that EMI has agreed to settle its copyright infringement lawsuit against Bertelsmann AG related to Bertelsmann’s investment in Napster. The settlement removes the last large record label with claims against Bertelsmann in the…

Consumer-Directed DVR Service Infringes Copyright–20th Century Fox v. Cablevision

By Eric Goldman Twentieth Century Fox Films Corp. v. Cablevision Systems Corp., No. 06-Civ. 03390 (SDNY March 22, 2007) Not infrequently, copyright defendants argue that they are offering a service that passively implements consumer directions to infringe. In some cases,…

Miva Securities Litigation Rejects Most Click Fraud/Syndication Fraud Claims

By Eric Goldman In re Miva, Inc. Securities Litigation, 2007 WL 809686 (M.D. Fla. Mar. 15, 2007) Stockholders of Miva (formerly FindWhat) sued Miva, alleging that Miva had inflated its stock price by making false public statements. In this ruling,…

Entrepreneurs & IP Talk

By Eric Goldman I gave a talk to a group of local entrepreneurs on general IP issues in the process of being an entrepreneur. For most of you, this talk is very, very basic, but if you’re interested, here are…

KinderStart v. Google Dismissed–With Sanctions Against KinderStart’s Counsel

By Eric Goldman KinderStart.com LLC v. Google, Inc., C 06-2057 JF (N.D. Cal. March 16, 2007) Copy of the opinion dismissing the lawsuit Copy of the opinion granting sanctions against KinderStart’s counsel Gregory Yu Google has won big in the…

Person v. Google Dismissed (with leave to amend)

By Eric Goldman Person v. Google, C 06-7297 JF (RS) (N.D. Cal. Mar. 16, 2007) As expected, Judge Fogel dismissed Person’s antitrust lawsuit against Google but gave Person one more chance to refile a complaint. It would be foolish for…

Click Fraud Lawsuit Survives Motion to Dismiss–Payday Advance v. FindWhat

By Eric Goldman Payday Advance Plus, Inc. v. Findwhat.com, Inc., 2007 WL 760437 (S.D.N.Y. Mar. 12, 2007) The high-profile click fraud lawsuits against Google and Yahoo settled last summer, but other lesser-known lawsuits appear to be in the pipeline, such…

Dumb Domain Name Dispute Du Jour–Korb v. Maxmedia

By Eric Goldman Korb v. Maxmedia, Inc., 2007 WL 734423 (E.D. Mich. Mar. 9, 2007) I rarely blog on domain name disputes for two reasons. First, there are too many of them, and each one tends to look like the…