CA Anti-SLAPP Cases Involving Consumer Reviews as Matters of Public Concern
By Eric Goldman (with research assistance from the HTLI Graduate Fellow Michael Scapin) As I’ve indicated previously, I support efforts to enact a federal anti-SLAPP law. While I think it’s a good idea for a number of reasons, I especially…
Yellow Pages Companies Challenge Seattle Opt-out Ordinance on First Amendment Grounds
[Post by Venkat Balasubramani] Dex Media West, Inc., et al. v. City of Seattle, et al., Case No. 10-cv-01857 (W.D. Wash. complaint filed Nov. 15, 2010) In what many will probably characterize as a dinosaur’s last gasp litigation strike, two…
Web Host May Be Liable for Removing Only 1 of 3 Websites Operated by Its Customer–Hermeris v. Brandenburg
By Eric Goldman Hermeris v. Brandenburg, 2:10-cv-02531-JAR -KMH (D. Kan. Jan. 23, 2011) This is yet another web hosting copyright infringement case where the 17 USC 512 safe harbors aren’t discussed. (For other recent examples, see Rosen v. Hosting Services…
Free-to-Consumers Ad-Supported Website Isn’t Illegally Priced–Cammarata v. Bright Imperial
By Eric Goldman Cammarata v. Bright Imperial Ltd., 2011 WL 227943 (Cal. App. Ct. Jan. 26, 2011). The complaint. The trial court ruling. If you can’t compete with free, can you litigate it away? Kevin Cammarata ran subscription-based porn sites…
Speakers Announced for “47 U.S.C. § 230: a 15 Year Retrospective” Conference, March 4, SCU
By Eric Goldman On February 8, 1996–just about 15 years ago–President Clinton signed into law the Telecommunications Act of 1996, a lengthy law with significant implications for the entire telecommunications industry. As Justice Stevens wrote in Reno v. ACLU (1997),…
Private Employers and Employee Facebook Gaffes [Revisited]
[Post by Venkat Balasubramani] I posted about a Wall Street Journal article highlighting supposed legal landmines facing private employers who discipline their employees for Facebook gaffes. (“Do Employers Really Tread a Minefield When Firing Employees for Facebook Gaffes?“) I asked…
Another Copyright Owner Sent a Defective Takedown Notice and Faced 512(f) Liability–Rosen v. HSI
By Eric Goldman Rosen v. Hosting Services, Inc., 2010 WL 5630637 (C.D. Cal. Aug. 16, 2010). [This case just showed up for me in Westlaw. It’s not a major case but it’s worth a brief note even 5 months later]…
Class Action Brought by “Lonely and Vulnerable” Men Against Online Cupid Site Moves Forward — Badella v. Deniro Mktg.
[Post by Venkat Balasubramani with some comments by Eric] Badella v. Deniro Marketing LLC, 10-03908 CRB (N.D. Cal.; Jan 24, 2011) This is a good one. A group of plaintiffs brought a putative class action against an online dating website…
Do Employers Really Tread a Minefield When Firing Employees for Facebook Gaffes?
[Post by Venkat Balasubramani] I’m not sure why, but this Wall Street Journal article (“Can Employers Fire Over Facebook Gaffes?“) screamed out for a comment. Maybe this is just a case of headline puffery, but the idea that there is…
Top 5 Cyberlaw Developments of 2010, Plus a 2010 Year-in-Review
By Eric Goldman Earlier this Fall, I posted my top 8 trends in Internet law, and that’s a good place to start if you want to see how I think things are developing. Because of that post, this year I’m…