Perfect 10 v. CCBill Update: Ninth Circuit Denies En Banc Rehearing
By Eric Goldman The Ninth Circuit has denied an en banc rehearing in Perfect 10 v. CCBill. In doing so, the court amended its opinion to reinforce that it really, really meant that 47 USC 230 preempts all state IP…
House Passes I-SPY Act
By Eric Goldman Internet Spyware (I-SPY) Prevention Act of 2007 (HR 1525) The House passed the I-SPY Act, sending it on to the Senate. This is the House’s third time passing anti-spyware legislation. The past two years, the House passed…
Pew 2007 Spam Survey
Pew has updated its periodic survey on user attitudes towards spam. Its conclusion: Spam continues to plague the internet as more Americans than ever say they are getting more spam than in the past. But while American internet users report…
Court Upholds Student Suspension For YouTube Video of Teacher
By John Ottaviani Requa v. Kent School District No. 415, 2007 WL 1531670 (W.D. Wash. May 24, 2007). “The Court takes judicial notice that “booty” is a common slang term for buttocks.” High school students secretly take video footage of…
Zango’s Busy Litigation Docket
By Eric Goldman I got a tip that Zango’s lawsuit against PC Tools had been removed to federal court, which prompted me to search for “Zango” in PACER for the Western District of Washington. I learned that Zango has a…
Zango Claims Spyware Doctor SE Surreptitiously Deletes Its Software
By Eric Goldman Zango, Inc. v. PC Tools Pty Ltd., 07-2-15844-8SEA (Wash. Superior Ct. complaint filed May 15, 2007) We’ve seen a fair amount of tussling between adware vendors and anti-spyware software vendors, including a battle over the incorporation of’…
Facebook’s Lawsuit Against Competitive Email Harvesting Continues–Facebook v. ConnectU
By Eric Goldman Facebook, Inc. v. ConnectU LLC, 2007 WL 1514783 (N.D. Cal. May 21, 2007) A universal truth of the digital era: a website displaying user email addresses will be targeted by email harvesters sweeping up those email addresses…
At the Intersection of Copyright and Contract
By John Ottaviani A long simmering debate among museums and other visual archivists is whether (and how) one can charge for digital images of works in a collection that may or may not be covered by copyright any longer. The…
Click Fraud Resources
By Eric Goldman I’m a little surprised that click fraud remains such a hot topic. Last summer, I thought the Google and Yahoo class action lawsuit settlements resolved the bulk of the problems, and most people would move on to…
Summary of Perfect 10 Decision
By John Ottaviani Eric suggested that I post this brief summary of the Perfect 10 v. Amazon decision: The 9th Circuit issued a lengthy opinion today, largely favorable to search engines and ISP’s. In 2006, the district court made its…