UMG Can’t Enforce “Not for Sale” Restrictions on Promo CDs — UMG v. Augusto
[Post by Venkat Balasubramani with additional comments from Eric] UMG Recordings, Inc. v. Augusto, No. 08-55998 (9th Cir.; Jan 4, 2011) The Ninth Circuit issued the third of its three opinions dealing with the first sale doctrine. (Vernor v. Autodesk…
Ripoff Report Ordered to Stop Publishing User-Submitted Report–Giordano v. Romeo
By Eric Goldman Giordano v. Romeo, No. 09-68539-CA-25 (Fla. Cir. Ct. Dec. 28 2010). The complaint. Today’s case is a baffling and clearly erroneous ruling. What’s even more bizarre is that the judge initially got the right result and *then*…
Second Life Ordered to Stop Honoring a Copyright Owner’s Takedown Notices–Amaretto Ranch Breedables v. Ozimals
By Eric Goldman Amaretto Ranch Breedables v. Ozimals, Inc., 2010 WL 5387774 (N.D. Cal. Dec. 21, 2010). The Justia page. The complaint with exhibits. Ozimals’ C&D to Amaretto and its blogged statement on the case. Here’s a line you don’t…
Nov.-Dec. 2010 Quick Links, Part 5
By Eric Goldman Taxes * Amazon.com, LLC v New York State Dept. of Taxation & Fin., 2010 NY Slip Op 07823 (N.Y. App. Div. Nov. 4, 2010). A NY appellate court rejected Overstock’s/Amazon’s facial challenges to “affiliates tax” but revived…
Nov.-Dec. 2010 Quick Links, Part 4
By Eric Goldman Blogs and Boards * Reuters on the wild-and-wooly world of investor message boards. * KingCast.net v. Friends of Kelly Ayotte, 2010 WL 4683829 (D.N.H. Nov. 2, 2010). Blogger’s unsuccessful lawsuit to gain mandatory access to a candidate’s…
Court Rejects Constitutional Challenge to TCPA Based on Vagueness in “Prior Express Consent” Exception — Kramer v. Autobytel, Inc.
[Post by Venkat Balasubramani] Kramer v. Autobytel, Inc., et al., 10-cv-02722 CW (N.D. Cal.; Dec. 29, 2010) We’ve blogged a bunch about cases involving defendants accused of sending text messages – none of them have resolved favorably in favor of…