Perfect 10 v. CCBill Update: Ninth Circuit Denies En Banc Rehearing
By Eric Goldman The Ninth Circuit has denied an en banc rehearing in Perfect 10 v. CCBill. In doing so, the court amended its opinion to reinforce that it really, really meant that 47 USC 230 preempts all state IP…
Pew 2007 Spam Survey
Pew has updated its periodic survey on user attitudes towards spam. Its conclusion: Spam continues to plague the internet as more Americans than ever say they are getting more spam than in the past. But while American internet users report…
Zango’s Busy Litigation Docket
By Eric Goldman I got a tip that Zango’s lawsuit against PC Tools had been removed to federal court, which prompted me to search for “Zango” in PACER for the Western District of Washington. I learned that Zango has a…
Zango Claims Spyware Doctor SE Surreptitiously Deletes Its Software
By Eric Goldman Zango, Inc. v. PC Tools Pty Ltd., 07-2-15844-8SEA (Wash. Superior Ct. complaint filed May 15, 2007) We’ve seen a fair amount of tussling between adware vendors and anti-spyware software vendors, including a battle over the incorporation of’…
Facebook’s Lawsuit Against Competitive Email Harvesting Continues–Facebook v. ConnectU
By Eric Goldman Facebook, Inc. v. ConnectU LLC, 2007 WL 1514783 (N.D. Cal. May 21, 2007) A universal truth of the digital era: a website displaying user email addresses will be targeted by email harvesters sweeping up those email addresses…
Click Fraud Resources
By Eric Goldman I’m a little surprised that click fraud remains such a hot topic. Last summer, I thought the Google and Yahoo class action lawsuit settlements resolved the bulk of the problems, and most people would move on to…
Ninth Circuit Opinion in Perfect 10 v. Google and Amazon
By Eric Goldman Perfect 10, Inc. v. Amazon.com, Inc., CV-05-04753-AHM (9th Cir. May 16, 2007) In yet another lengthy and highly technical opinion from the Ninth Circuit (fast becoming their specialty), the Ninth Circuit has addressed the crucial case of…
Ninth Circuit Screws Up 47 USC 230–Fair Housing Council v. Roommates.com
By Eric Goldman Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, CV-03-09386-PA (9th Cir. May 15, 2007) Just a couple months ago, in Perfect 10 v. CCBill, the Ninth Circuit issued an incredibly expansive 230 ruling. Today, in…
Social Networking Sites and the Law
By Eric Goldman On Monday, the High Tech Law Institute is co-sponsoring an event entitled “Friends, Lovers, Trust, Safety: The Present and Future of Social Networking.” The principal audience is undergraduate students, but everyone is welcome. One of the hot…
Another NY Court Says Keyword Triggering Isn’t TM Use in Commerce–Site Pro-1 v. Better Metal
By Eric Goldman Site Pro-1, Inc. v. Better Metal, LLC, 06-CV-6508 (ILG) (RER) (E.D.N.Y. May 9, 2007) The possible rift between the Second Circuit and other circuits on keyword triggering and trademark use in commerce may be widening. The latest…