Wiretap Claims Against Gmail Scanning Survive Motion to Dismiss — In re: Google Inc. Gmail Litigation
[Post by Venkat Balasubramani] In re: Google Inc. Gmail Litigation, 13-MD-02430-LHK (N.D. Cal. Sept. 26, 2013) This is a consolidated multi-district lawsuit challenging Google’s practice of scanning emails for the purpose of delivering advertising. In a harshly toned order, Judge…
Creating Parody Social Media Accounts Doesn’t Violate Computer Fraud & Abuse Act – Matot v. CH
[Post by Venkat Balasubramani] Matot v. CH, et al, 13-cv-153-TC (D.Or.) (Report and Recommendation, Aug. 19, 2013) (Order Dismissing Lawsuit, Sept. 26, 2013) This is a strange lawsuit brought by an assistant middle high school principal who alleged that defendants…
Call for Papers: WIPIP, Santa Clara University, Feb. 7-8, 2014
By Eric Goldman The High Tech Law Institute invites you submit a paper proposal for the Eleventh Annual Works-in-Progress Intellectual Property Colloquium (WIPIP), to be held February 7-8, 2014, at Santa Clara University School of Law, Santa Clara, California. The…
eBay Not Liable for Technical Glitch When Seller Doesn’t Set Reserve Price — D’Agostino v. eBay
By Jake McGowan D’Agostino v. eBay, Inc., NO. A–5954–11T4 (N.J. Super. Ct. Sept. 13, 2013) To what extent is eBay liable for “lost profits” when a technical glitch makes a seller’s listing less appealing? This lawsuit is too weak to…
Court Upholds Doocing For Snarky Facebook Post — Rodriquez v. Wal-Mart
[Post by Venkat Balasubramani] Rodriquez v. Wal-Mart, 2013 U.S. App. 19345 (5th Cir. Sept. 19, 2013) [
Craigslist Wins Routine But Troubling Online Trespass to Chattels Ruling in 3Taps Case (Catch-up Post)
By Eric Goldman Craigslist Inc. v. 3Taps Inc., 2013 WL 4447520 (N.D. Cal. August 16, 2013) I ran out of time to blog this ruling when it first came out, but it’s worth noting now. You may recall this dispute…
Gossip Site That Uses Misidentified Photo May Be Liable for Publicity Rights Violation — Edme v. Internet Brands
[Post by Venkat Balasubramani] Edme v. Internet Brands, Inc., 12 cv 3306, 2013 U.S. Dist LEXIS 132008 (E.D.N.Y. Sept. 16, 2013) In what seems more like a law school exam scenario than real life, a woman who was mistakenly identified…
Is There Any Way to Cure An “Accidental” Download of Child Pornography?
Crabtree v. Commonwealth of Kentucky, No. 2011-CA-000452-MR (Ky. Ct. App. Aug. 17, 2012) By Eric Goldman [Introductory note: this post has been percolating for quite some time, in part because of its troubling implications. The only definitive lesson–never EVER download…
The First Amendment Protects Facebook “Likes” – Bland v. Roberts
[Post by Venkat Balasubramani, with comments by Eric] Bland v. Roberts, No. 12-1671 (4th Cir. Sept. 18, 2013). Plaintiffs were a group of employees of the Sheriff’s department, who brought First Amendment claims against the Sheriff. They alleged they were…
Spam Arrest’s Sender Agreement Fails Because Email Marketer’s Employees Lacked Authority–Spam Arrest v. Replacements (Forbes Cross-Post)
By Eric Goldman Spam Arrest LLC v Replacements Ltd., 2013 WL 4675919 (W.D. Wash. Aug. 29, 2013) People hate receiving spam, but most people stopped obsessing about spam a decade ago or more. In the interim, anti-spam filters have improved…