My RapLeaf Profile is Amusingly Mistaken. This is What the Fuss is All About?

By Eric Goldman The latest in the Wall Street Journal’s “scare journalism” series of privacy articles is a hatchet job on RapLeaf. I don’t know much about RapLeaf, but at conferences, privacy advocates frequently invoke RapLeaf as an omnipotent, omniscient…

Blogger Wins Fair Use Defense…On a Motion to Dismiss!–Righthaven v. Realty One

By Eric Goldman Righthaven LLC v. Realty One Group, Inc., 2010 WL 4115413 (D. Nev. Oct. 19, 2010) I’ve mentioned Righthaven before in my quick links, but this is my first full blog post about them. I trust most of…

First Sale and Exhaustion Doctrines in IP Conference, Nov. 5, SCU

By Eric Goldman I’ve mentioned our First Sale and Exhaustion in IP conference before, but now it’s less than 3 weeks away. If you were thinking about coming, now is a good time to confirm your spot. As regular readers…

Shining the Spotlight on Trademark Bullies (a Long-Delayed Recap of a Trademark Scholars Roundtable)

By Eric Goldman [Occasionally, a blog post gets “stuck” in draft mode for months. These posts typically do not age well, as intervening developments often render the post moot or less interesting. As a result, most stuck blog posts eventually…

Blog Host Can’t Be Bound by TRO for User Posts (Blockowicz redux)–Bobolas v. Does

By Eric Goldman Bobolas v. Does 1-100, 2010 WL 3923880 (D. Ariz. Oct. 1, 2010) This lawsuit involves Bobolasgate.info, a Greek-language blog/website that appears to criticize Greek real estate and media mogul George Bobolas (ranked as one of the top…

Inflatable Giant Gorilla Attacks Google (for Copyright Infringement)–Scherba v. Google

By Eric Goldman Scherba Industries v. Google, Inc., 1:10-cv-02288 (N.D. Ohio complaint filed Oct. 7, 2010). Scherba makes giant inflatable gorillas. See an example. A little improbably, it has a copyright registration for a 3D sculptural work called “Gorilla Inflatable”–the…

September 2010 Quick Links, Part 2

By Eric Goldman Contracts * Hutchison v. Yahoo, 2010 WL 3706571 (9th Cir. Sept 20, 2010). AT&T’s early termination fee wasn’t a penalty, even as applied to a termination with only 2 weeks of service left. * Evan Brown: Software…

September 2010 Quick Links, Part 1 (IP Edition)

By Eric Goldman Copyright * US v. ASCAP (2d Cir. Sept. 28, 2010): “the Internet Companies offer their customers the ability to download musical works over the Internet. It is undisputed that these downloads create copies of the musical works,…

Tip for Clean Living: Don’t Use a 14 Year Old’s Self-Portrait in Advertising for Porn–Lara Jade Coton v. TVX

By Eric Goldman Coton v. Televised Visual X-ography, Inc., 2010 WL 3768039 (M.D. Fla. Sept. 16, 2010). The initial complaint. Lara Jade’s blog post on the court victory. Comprehensive recap from Plagiarism Today, who has been tracking the case all…

New Internet Law Work-in-Progress Series

By Eric Goldman Announcing a New Internet Law Works-in-Progress Series and Call for Participation The High Tech Law Institute at Santa Clara University School of Law and the Institute for Information Law and Policy at New York Law School are…