How Long Does a Post-Mortem Right of Publicity Last?–Hebrew University v. GM (Guest Blog Post)
by Guest Blogger Tyler Ochoa The right of publicity is a state-law right to use one’s identity for a commercial purpose. Thus, if you want to use a celebrity’s name or image in an advertisement, you have to get his…
A Dark Side of Data Portability: Litigators Love It (Forbes Cross-Post)
By Eric Goldman In re White Tail Oilfield Services, L.L.C., 2012 WL 4857777 (E.D. La. Oct. 11, 2012) Cloud services are great, but they pose a number of challenges for users. For example, users may legitimately fear that vendors will…
$1 Billion Pro Se Privacy Lawsuit Against Google Fails–Shah v. MyLife
By Eric Goldman Shah v. MyLife.Com, Inc., 2012 WL 4863696 (D. Or. September 21, 2012) (magistrate’s report and recommendations). On October 11, 2012, the judge approved the magistrate’s report only on subject matter and personal jurisdiction grounds. The initial complaint….
Wikipedia’s “Pay-for-Play” Scandal Highlights Wikipedia’s Vulnerabilities (Forbes Cross-Post)
By Eric Goldman Recently, two high-level Wikipedia UK insiders, Roger Bamkin and Maximillian Klein, were caught with apparent conflicts-of-interest. Bamkin, a Wikipedia UK trustee and “Wikipedian in Residence,” allegedly maintained a paid consultancy for the country of Gibraltar while editing and seeking additional exposure…
The Proposed “Cloud Computing Act of 2012,” and How Internet Regulation Can Go Awry (Forbes Cross-Post)
By Eric Goldman Sen. Amy Klobuchar has introduced a new bill, the “Cloud Computing Act of 2012” (S.3569), that purports to “improve the enforcement of criminal and civil law with respect to cloud computing.” Given its introduction so close to…
Call for Papers/Participation, 3rd Annual Internet Law Work-in-Progress Conference, SCU, March 16, 2013
By Eric Goldman We invite you to participate in the Third Annual Internet Law Work-in-Progress conference at Santa Clara University School of Law on March 16, 2013. The conference series is co-sponsored by the High Tech Law Institute at Santa…
Ripoff Report and Topix Postings Protected by California’s Anti-SLAPP Law–Chaker v. Mateo
By Eric Goldman Chaker v. Mateo, 2012 WL 4711885 (Cal. App. Ct. Oct. 4, 2012) Chaker and Nicole Mateo had a baby together. After the messy breakup, Nicole and Nicole’s mom Wendy allegedly posted derogatory statements about Chaker and his…
Big Problems in California’s New Law Restricting Employers’ Access to Employees’ Online Accounts (Forbes Cross-Post)
By Eric Goldman Last week, California Governor Jerry Brown signed two laws restricting demands for social media accounts or login credentials. Senate Bill 1349 restricts schools’ access to students’ social media accounts. Assembly Bill 1844 restricts employers’ access to employees’…
Marilyn Monroe’s Image is Cast Into the Public Domain — Sort Of (Guest Blog Post)
by Guest Blogger Tyler Ochoa [check out Prof. Ochoa’s casebook on publicity rights / affiliate link] In 2011, Marilyn Monroe was #3 on Forbes magazine’s annual list of top-earning dead celebrities, earning $27 million for her estate. Next year, however,…
Recent Ruling in Triple Town/Yeti Town Game App Dispute Provides Cautionary Lessons for Both EA and Zynga (Partial Forbes Cross-Post)
By Eric Goldman Spry Fox LLC v. Lolapps, Inc., 2:12-cv-00147-RAJ (W.D. Wash. Sept. 18, 2012). The complaint. Even with all of the media coverage over EA’s ($EA) recent copyright infringement lawsuit against Zynga ($ZNGA) (including my blog post on the case), there was…