Perfect 10 v. Google on Remand, and 230 as an Affirmative Defense

By Eric Goldman Perfect 10, Inc. v. Google, Inc., 2008 WL 4217837 (C.D. Cal. July 16, 2008) You recall this case involving Perfect 10’s allegations that Google and Amazon (and, in a subsequent complaint, Microsoft) are infringing its rights by…

Bloggers’ Defamation Liability Not Dismissed–Saadi v. Maroun

By Eric Goldman Saadi v. Maroun, 2008 WL 4194824 (M.D. Fla. Sept. 9, 2008). One of the complaints (doesn’t everyone know that just blacking out data in a PDF doesn’t prevent people from learning the info???). The opposition to the…

Road Show Fall 2008

By Eric Goldman This post highlights some of my talks and events scheduled for this semester. As always, if I’m going to be in your area, it would be a delight to see you–let me know. October 3: Works in…

StubHub Wins 230 Dismissal in Anti-Scalping Case

By Eric Goldman Fehrs v. StubHub, Inc., #0801-00515 (Ore. Cir. Ct Sept. 9, 2008). The plaintiff’s lawyer has posted some of the litigation materials filed in this case. This is yet another lawsuit in the ongoing battle over online ticket…

DMV.org Hit With SEO-Degrading Injunction–TrafficSchool.com v. eDriver

By Eric Goldman TrafficSchool.com, Inc. v. eDriver, Inc., 2008 WL 4000805 (C.D. Cal. June 4, 2008). Permanent injunction entered Aug. 28, 2008. [Note: I missed this case when it first came out. I recently learned about the case from Rebecca,…

August 2008 Quick Links, Part 2

By Eric Goldman Net Neutrality * The FCC gets on Comcast’s case for deceptively blocking BitTorrent connections without disclosure. While I don’t know anyone who has defended Comcast’s behavior here, at the same time there is an undercurrent of concern…

August 2008 Quick Links, Part 1

By Eric Goldman eBay * Mazur v. eBay Inc., 2008 WL 2951351 (N.D. Cal. July 25, 2008). See my previous blog post on the case. Some commentators are excited about this ruling because it rejects eBay’s motion to dismiss a…

426,487 Reasons Why Metatags Still Matter (In Court)–Venture Tape v. McGills

By Eric Goldman Venture Tape Corp. v. McGills Glass Warehouse, 2008 WL 3959997 (1st Cir. Aug. 28, 2008). For more on the case, see the initial 2003 ruling denying a motion to dismiss for lack of jurisdiction and a 2006…

eBay Cracks Down on Cookie Stuffing–eBay v. Digital Point Solutions

By Eric Goldman eBay, Inc. v. Digital Point Solutions, No. 5:08-cv-04052-PVT (N.D. Cal. complaint filed Aug. 25, 2008) It is exceedingly rare for marketers to sue affiliates who are trying to game their affiliate programs. I’m sure there have been…

Io v. Veoh Comments–a Terrific 512(c) Defense-Side Win

By Eric Goldman IO Group v. Veoh Networks, Inc., 5:2006cv03926 (N.D. Cal. Aug. 27, 2008) We spend so much time thinking about and debating 17 USC 512(c) that it’s easy to lose sight of how few cases really interpret the…