Offering P2P File-Sharing Software for Downloading May Be Copyright Inducement–David v. CBS Interactive
By Eric Goldman David v. CBS Interactive Inc., CV 11-9437 DSF (C.D. Cal. July 13, 2012). The complaint. When the Grokster Supreme Court opinion came out in 2005, there was a lot of confusion about the relationship between copyright “inducement”…
Why Defensive Domain Name Registrations Aren’t a Good Deal for Small Businesses (Forbes Cross-Post)
By Eric Goldman [Introductory note: every article has a backstory, but some backstories are more complicated than others. Earlier this year, I was commissioned by a well-known publication to participate in a point/counterpoint regarding registering domain names in new TLDs….
PissedConsumer Defeats Trademark Claim…On a Motion to Dismiss!?–deVere v. Opinion Corp.
By Eric Goldman deVere Group GmbH v. Opinion Corp., 2012 WL 2884986 (E.D.N.Y. July 13, 2012) Here’s something you don’t see every day: a trademark infringement lawsuit defeated for lack of consumer confusion–on a 12b6 motion to dismiss. For several…
Announcing a New Casebook: “Advertising & Marketing Law: Cases & Materials” by Tushnet & Goldman
By Eric Goldman I’m thrilled to announce the public release of a new casebook, Advertising & Marketing Law: Cases and Materials by Rebecca Tushnet and me. We are publishing the book as a DRM-free PDF download at Scribd for only…
Yet Another Case Says Section 230 Immunizes Newspapers from User Comments–Hadley v. GateHouse Media
By Eric Goldman Hadley v. GateHouse Media Freeport Holdings, Inc., 2012 WL 2866463 (N.D.Ill. July 10, 2012) One of the safest bets in Section 230 jurisprudence is that a traditional media publisher won’t be liable for user comments to its…
Having a Facebook or Twitter Account Shouldn’t Mean Mandatory California Vacations if You Get Sued (Forbes Cross-Post)
By Eric Goldman [Given how I feel about blogging on civil procedure topics, it’s ironic that my first substantive post to Tertium Quid is about Internet jurisdiction of all things. Still, this was an easy rehash of some recent blog…
“Cloud Computing: Is Anything Private?” Talk Notes
By Eric Goldman Last month, I spoke at Cal State Northridge to a group of academic computer users (i.e., faculty and staff) on the topic of “Cloud Computing: Is Anything Private?” My talk slides. Check out my “fun” with PowerPoint’s…
Google Sued Again for AdWords Trademark Infringement–Home Decor Center v. Google
By Eric Goldman Home Decor Center v. Google, CV12-05706 (C.D. Cal. notice of removal filed July 2, 2012) After the 4th Circuit’s Rosetta Stone v. Google ruling, I wrote: Just like Google got hit with over a dozen lawsuits in…
Now Blogging at “Tertium Quid” at Forbes
By Eric Goldman I’ve launched a new blog called “Tertium Quid” through the Forbes blogging platform. My introductory post there gives some background and explains the name. I expect to cover a lot of the same topics I currently cover…
H1 2012 Quick Links, Part 5 (Consumer Reviews, Content Regulation, Miscellaneous)
By Eric Goldman [This is the last of the quick links for now. Hope you’ve enjoyed them!] Consumer Reviews * Deeply troubling development: Vacation rental companies are inserting non-disparagement clauses into their contracts to suppress negative online reviews. * Ascentive,…