Q1 2014 Quick Links, Part 2
* Collins v. Louisiana State Police, No. 13-412 (La. Ct. App. Oct. 23, 2013):
a person’s online life depicted in social media is commonly not intended to reflect reality as much as it is intended to engender discourse. Therefore, courts should give serious consideration as to what probative value, if any, should to be given to such “evidence.”
* Oddee: 10 Outrageous Tweets That Got People Fired
* In re Thundervision, LLC, No. 09-11145 (E.D. La. Feb. 5, 2014):
Social media is also an important marketing tool. RW Smith used the Facebook page established by Thundervision for LH & G to divert followers to Our Louisiana’s Facebook page. Posts to LH & G‘s Facebook page dated May 18, 2011; July 13, 2011; and August 2, 2011 remind followers of LH & G that the page has “moved” to Our Louisiana’s Facebook page and offer entry into a contest for “liking” Our Louisiana. Taking away followers of LH & G and diverting them to Our Louisiana violated LUTPA.
* Marketing Land: 10 Big Brands That Were Penalized By Google, From Rap Genius To The BBC
* Google’s latest proposed antitrust deal with the EU.
* Why we may not want privacy-by-design among start-up companies.
* The Recorder recaps some of the California-based privacy advocacy organizations.
* Braverman v. Yelp, 158299/2013 (N.Y. Sup. Ct. Feb 24, 2014):
it is undisputed that Plaintiff paid to enroll in Yelp’s advertising program. In doing so, Plaintiff assented to Agreement, which, by its terms, constitutes the sole contract between the parties. Thus, even if Yelp did promise to post Plaintiff’s favorable reviews in exchange for Plaintiff’s paid subscription to Yelp’s advertising program, as alleged, the Agreement, on its face, supersedes any such promise. Accordingly, even accepting Plaintiff’s allegations as true and drawing all inferences in favor of the non-moving party, Defendant’s documentary evidence flatly contradicts Plaintiff’s breach of contract claims.
* Sean D. Lee, “I Hate My Doctor”: Reputation, Defamation, and Physician-Review Websites, 23 Health Matrix 573 (2013).
* WSJ: The FCC Wades Into the Newsroom
* NewsWhip: Here’s what happens when the readers choose the front page story.
* WaPo: Group tries to slow federal government’s move away from paper to the Web.
* Christopher S. Yoo, Is There a Role for Common Carriage in an Internet-Based World?, 51 Hous. L. Rev. 545 (2013). Related article.