Oracle v. SAP Lawsuit Comments
By Eric Goldman Oracle Corporation v. SAP AG, 3:07-cv-01658-EMC (N.D. Cal. complaint filed March 22, 2007) I realize I’m a couple weeks late to this story, but it’s too important/interesting a case not to address. TomorrowNow (TN) is a company…
AFP v. Google Settles
By Eric Goldman The Agence France-Presse v. Google lawsuit has settled. See news reports: AP, CNET News.com. Like it did with the Associated Press, Google struck a licensing deal for AFP content, including indexing it in Google News. Financial terms…
Google AdWords Contract Upheld (Again)–Feldman v. Google
By Eric Goldman Feldman v. Google, Inc., 2007 WL 966011 (E.D. Pa. March 29, 2007) Yet another click fraud lawsuit, this time involving one of the 556 plaintiffs that opted out of the Google click fraud settlement. In my prior…
Regulating “Stealth” Marketing
By Eric Goldman I’ve never understood the legal distinctions between “editorial content” and “marketing.” To me, content is content. Certainly, content can have problematic/harmful attributes, such as false content. And often I want to know more about the identity of…
Utah Bans Keyword Advertising [Updated]
By Eric Goldman Utah SB 236 (the “Trademark Protection Act”), enacted March 19, 2007 Legislators enact stupid laws all of the time, but some laws transcend mere stupidity and produce a single 3 letter response: WTF? And no legislature has…
Ninth Circuit Opinion in Perfect 10 v. CCBill
By Eric Goldman Perfect 10, Inc. v. CCBill LLC, No. 04-57143, 04-57207 (9th Cir. March 29, 2007) The Ninth Circuit issued an important but characteristically quirky opinion in Perfect 10 v. CCBill. This omnibus opinion covered a lot of disparate…
Consumer-Directed DVR Service Infringes Copyright–20th Century Fox v. Cablevision
By Eric Goldman Twentieth Century Fox Films Corp. v. Cablevision Systems Corp., No. 06-Civ. 03390 (SDNY March 22, 2007) Not infrequently, copyright defendants argue that they are offering a service that passively implements consumer directions to infringe. In some cases,…
Miva Securities Litigation Rejects Most Click Fraud/Syndication Fraud Claims
By Eric Goldman In re Miva, Inc. Securities Litigation, 2007 WL 809686 (M.D. Fla. Mar. 15, 2007) Stockholders of Miva (formerly FindWhat) sued Miva, alleging that Miva had inflated its stock price by making false public statements. In this ruling,…
Entrepreneurs & IP Talk
By Eric Goldman I gave a talk to a group of local entrepreneurs on general IP issues in the process of being an entrepreneur. For most of you, this talk is very, very basic, but if you’re interested, here are…
KinderStart v. Google Dismissed–With Sanctions Against KinderStart’s Counsel
By Eric Goldman KinderStart.com LLC v. Google, Inc., C 06-2057 JF (N.D. Cal. March 16, 2007) Copy of the opinion dismissing the lawsuit Copy of the opinion granting sanctions against KinderStart’s counsel Gregory Yu Google has won big in the…