Nursing School Can’t Expel Students for Posting Photo to Facebook–Byrnes v. Johnson County CC
By Eric Goldman Byrnes v. Johnson County Community College, 2011 WL 166715 (D. Kan. Jan. 19, 2011). The complaint. You’ve probably already heard about this case. Four nursing students posted photos of a patient’s placenta to Facebook, and the school…
Ad Networks Ordered to Drop Allegedly Infringing Site–Elsevier v. eNom
By Eric Goldman Elsevier Ltd v. Whois Privacy Protection Service, Inc., 1:11-cv-10026-RGS (D. Mass. injunction dated Jan. 14, 2011). See the TRO from Jan. 6 and the complaint. On the surface, this seems like a run-of-the-mill copyright enforcement. The plaintiffs…
Second Life Gets Out of Dispute Between Virtual Bunnies & Virtual Horses
By Eric Goldman Amaretto Ranch Breedables v. Ozimals, 3:10-cv-05696-CRB (N.D. Cal.). The Justia page. The case library: * Linden Lab’s opposition to the preliminary injunction * Ozimals’ non-opposition to the preliminary injunction * Amaretto’s preliminary injunction motion * The preliminary…
Ex-Employees Awarded $4,000 for Email Snooping by Employer — Pure Power Boot Camp v. Warrior Fitness Boot Camp
[Post by Venkat Balasubramani] Pure Power Boot Camp, Inc. v. Warrior Fitness Boot Camp, LLC, 08-civ-4810 (S.D.N.Y.; Dec. 22, 2010) Email snooping and computer fraud statutes (Stored Communications Act; Computer Fraud and Abuse Act) are starting to play a starring…
Internet-Proofing your Cease and Desist Letter [Revisited]
[Post by Venkat Balasubramani] I blogged some time ago about steps you can take to “‘Internet-Proof’ Your Cease and Desist Letter.” Here’s what happens when you don’t. The law firm Lazar, Akiva & Yagoubzadeh sent a cease and desist letter…
thedirty.com’s 47 USC 230 Defense Rejected on Motion to Dismiss–Jones v. Dirty World Entertainment
By Eric Goldman Jones v. Dirty World Entertainment, 2011 WL 221836 (N.D. Ky. Jan. 21, 2011). The complaint. On occasion I’ve ended up at thedirty.com. It’s not my kind of site, but clearly I’m not the target audience. Given its…
The Next Digital Decade Book Launch and Event Recap
By Eric Goldman I’m pleased to call your attention to a new book called “The Next Digital Decade: Essays on the Future of the Internet,” edited by Berin Szoka and Adam Marcus of TechFreedom. This is a truly remarkable book….
CA Appeals Court: Claims Under State Spam Statute Not Preempted by CAN-SPAM – Hypertouch v. Valueclick
[Post by Venkat Balasubramani with some comments from Eric] Hypertouch, Inc. v. Valueclick, Inc., et al., B218603 (Cal. Ct. App.; Jan. 18, 2011) A California appeals court weighed in on a long-running debate: whether CAN-SPAM preempts California’s spam statute. This…
Court Allows Microsoft’s Claims for Contributory Cybersquatting and Dilution to Move Forward — Microsoft v. Shah
[Post by Venkat Balasubramani] Microsoft Corp. v. Shah, et al., C10-0653 (W.D. Wash.; Jan. 12, 2011) WSJ’s Law Blog reports that Judge Martinez in the Western District of Washington (Seattle) issued an order allowing Microsoft to proceed on a novel…
Canadian-Uploaded YouTube Video Doesn’t Infringe in US–Shropshire v. Canning
By Eric Goldman Shropshire v. Canning, 2011 WL 90136 (N.D. Cal. Jan. 11, 2011) This lawsuit relates to the Christmas novelty song, “Grandma Got Run Over By A Reindeer,” a song I listened to far too many times while preparing…