Stored Communications Act Bars Disclosure of Facebook Records to Surviving Family Members in the UK
[Post by Venkat Balasubramani] In re Request for Order Requiring Facebook, Inc. to Produce Documents and Things, C 12-80171 LHK (PSG) (N.D. Cal.; Sept. 20, 2012) In 2008, Sahar Daftary fell from a 12th floor building in England. Her surviving…
Latest “Hot Topics in Internet Law” Talk Slides
By Eric Goldman Earlier this month, I spoke at the “IP and the Internet” conference sponsored by the California State Bar’s IP Section on the perennial favorite topic, “Hot Topics in Internet Law.” My talk slides. Given the conference’s theme,…
Improperly Designating Fashion Designs as “Unpublished” May Invalidate Copyright Registration–Family Dollar Stores v. United Fabrics
[Post by Jake McGowan] Family Dollar Stores, Inc., v. United Fabrics International, Inc., No. 11 Civ. 2574 (S.D.N.Y. 2012) A few weeks ago, we blogged about whether websites are “published” for copyright law purposes in Rogers v. BBB of Metropolitan…
Split 9th Circuit Panel Approves Facebook Beacon Settlement – Lane v. Facebook
[Post by Venkat Balasubramani] Lane v. Facebook, 10-16380 (9th Cir. Sept. 20, 2012) Facebook’s Beacon initiative has generated more than a few blog posts. Judge Seeborg approved the class settlement, over the objections of several objectors, including Ginger McCall. The…
Cafepress Suffers Potentially Significant Trademark Loss for Users’ Uploaded Designs (Forbes Cross-Post)
Cafepress.com ($PRSS) provides a popular user-to-user marketplace websites that allows users to upload logos or slogans and sell items bearing those logos or slogans, which Cafepress.com manufactures on demand (a so-called “print-on-demand” service). Like any other user-generated content website, there’s always…
Newly Released Consumer Survey Indicates that Legal Concerns About Competitive Keyword Advertising Are Overblown (Forbes Cross-Post)
By Eric Goldman Competitive keyword advertising—buying ads triggered by a keyword search for a competitor’s trademarks at venues like Google AdWords, Yahoo and Microsoft’s Bing—has generated enormous legal angst over the past decade, including hundreds of law review articles, occasional…
Court Says No Negligence Claim for Third Party Infringement via Open Wi-Fi Connection – AF Holdings v. Doe
[Post by Venkat Balasubramani] AF Holdings, LLC v. Doe, C 12 2049 (PJH) (N.D. Cal.; Sept. 4, 2012) I blogged about a case where a P2P infringement plaintiff argued that a defendant should be held liable for failing to secure…
Social Media Discovery Roundup
[Post by Venkat Balasubramani] * Douglas v. Riverwalk Grill, LLC, 11-15230 (E.D. Mich.; Aug 24, 2012) * Mailhoit v. Home Depot USA, Inc., 11-03892 DOC (SSx) (C.D. Cal.; Sept. 7, 2012) * Robinson v. Jones Lang Lasalle Americas, Inc., 12…
Another Blow to Banks in ACH Fraud Cases: Funds Transfers Act Preempts Indemnity Agreements — Choice Escrow v. BancorpSouth
[Post by Jake McGowan] Choice Escrow and Land Title, LLC v. BancorpSouth Bank, 10-03531 (W.D. Miss. Aug. 20, 2012) Asharkyu / Shutterstock.com Last month, we blogged about Patco v. Ocean Bank, where the First Circuit held that the bank may…
My Presentations on the Obama Administration’s “Privacy Bill of Rights” and the Proposed Amendments to the EU Data Privacy Directive
By Eric Goldman Many of you probably haven’t heard about the “CONSENT” project in Europe, but you probably will. The CONSENT project is a multi-year, multi-million dollar research project, funded by the European Union, to conduct empirical research on consumer…