Granick on CISPA’s Deficiencies (With Some of My Own Comments)
By guest-blogger Jennifer Granick (with comments from Eric) [Eric’s introduction: Some guest visitors to the blog need no introduction, and that surely describes Jennifer Granick (her Wikipedia page). She’s cast huge shadows over cyberlaw in her various stints, including being…
A Twitter Exception for Defamation?
[Post by Venkat Balasubramani] William Charron pubished a short piece for the Berkeley Journal of Entertainment and Sports Law that caught my eye (“Twitter: A “Caveat Emptor” Exception to Libel Law” [pdf]). His central point: Twitter’s characteristics and limitations should…
The Dangerous Meme That Won’t Go Away: Using Copyright Assignments to Suppress Unwanted Content–Scott v. WorldStarHipHop
By Eric Goldman Scott v. WorldStarHipHop, Inc., 2012 WL 1592229 (S.D.N.Y. May 3, 2012) Copyright law wasn’t designed as a privacy enhancing doctrine, but sometimes plaintiffs try to repurpose copyright law anyway. This case is an interesting illustration of how…
New York Judge *Slams* Bittorrent Copyright Plaintiffs – K-Beech; Malibu Media; and Patrick Collins v. Does
[Post by Venkat Balasubramani] K-Beech, Inc. v. Does 1-37, CV 11-3995 (E.D.N.Y.) Malibu Media, LLC v. Does 1-26, CV 11-1147 (E.D.N.Y.) Malibu Media, LLC v. Does 1-11, CV 11-1150 (E.D.N.Y.) Patrick Collins, Inc. v. Does 1-9, CV 11-1154 (E.D.N.Y.) Order…
An Unmasking Effort Gets Gutted Some More – Art of Living Foundation v. Does
[Post by Venkat Balasubramani] Art of Living Foundation v. Does, 10-cv-05022-LHK (N.D. Cal.; May 1, 2012) I posted earlier about the Art of Living Foundation’s (AOLF) efforts to unmask online critics (posting psueudonymously as ‘Skywalker’ and ‘Klim’). In early rulings,…
Topix Protected by 47 USC 230–Price v. Gannett
By Eric Goldman Price v. Gannett Co., 2012 WL 1570972, (S.D. W. Va. May 1, 2012) This is a pro se case. The plaintiffs alleged that pseudonymous posters made defamatory and otherwise tortious remarks about the plaintiffs on Topix. The…
Franchisor Really, Really Unhappy With Franchisee’s Co-Promotion With a Topless Bar–Capriotti’s v Taylor
By Eric Goldman Capriotti’s Sandwich Shop, Inc. v. Taylor Family Holdings, Inc., 2012 WL 1448514 (D. Del. April 25, 2012). The complaint and exhibits A-D, E-H and I-O. Some background. Capriotti’s is a franchised fast-food sandwich chain, with its signature…
Comments on the Ninth Circuit’s En Banc Ruling in U.S. v. Nosal
[Post by Venkat Balasubramani, with comments from Eric] US v. Nosal, 2012 WL 1176119 (9th Cir. Apr. 10, 2012) Nosal was a Korn/Ferry employee who, after his departure, convinced some remaining employees to provide him with confidential information to help…
Hermès Obtains (Ex Parte) $100M Award Against Alleged Counterfeiters–Hermès v. Does
[Post by Venkat Balasubramani, with comments from Eric] Hermès v. Does, 12-civ-1623 (S.D.N.Y.; Apr. 30, 2012) We’ve blogged repeatedly about trademark owners obtaining ex parte orders that provide extraordinarily broad relief, ranging from domain name seizures to orders directing search…
New Essay: The Irony of Privacy Class Action Lawsuits
By Eric Goldman I’ve posted a new essay to SSRN titled The Irony of Privacy Class Action Lawsuits. It should be published later this year in the Journal of Telecommunications and High Technology Law at University of Colorado. The essay…