New York v. Direct Revenue Amicus Brief
By Eric Goldman David Post, Scott Christie and I have filed an amicus brief in New York v. Direct Revenue LLC, No. 401325/06 (N.Y. Supreme Ct.), one of Spitzer’s office’s high-profile enforcement actions against adware companies. Among other aggressive positions,…
eBay User Agreement Upheld, Part II–Durick v. eBay
By Eric Goldman Durick v. eBay, 2006 WL 2672795 (Oho Ct. App. Sept. 11, 2006) I didn’t anticipate this being eBay Law Week, but these issues often seem to arise in cycles. Yesterday I blogged on the Nazaruk case, which…
eBay User Agreement Upheld–Nazaruk v. eBay
By Eric Goldman Nazaruk v. eBay, 2006 WL 2666429 (D. Utah Sept. 14, 2006) Another lawsuit involving the eBay feedback forum. In this case, the pro se plaintiff alleges that eBay and the feedback submitter deprived her of her civil…
Internet Law Updates Talk
By Eric Goldman Yesterday I gave a talk called “Internet Law Updates” at an event sponsored by the California State Bar’s IP Section. My slides.
Grokster Website
By Eric Goldman I wanted to see what was going on now at the Grokster website, so I checked out www.grokster.com today. I got this stern lecture: The United States Supreme Court unanimously confirmed that using this service to trade…
KinderStart Second Amended Complaint
By Eric Goldman KinderStart v. Google, Case 5:06-cv-02057-JF (N.D. Cal. second amended complaint filed Sept 1, 2006) After its last complaint was dismissed in its entirety, not surprisingly KinderStart is trying again with a second amended complaint—a 63 page behemoth….
Xanga.com Busted for COPPA Violation
By Eric Goldman The FTC announced today that Xanga.com had settled charges that it violated the Children’s Online Privacy Protection Act (COPPA). The settlement includes, among other remedies, a payment of $1 million–by far the largest fine in a COPPA…
Adware, Spam and Some of My Other Favorite Topics
By Eric Goldman There has been a flurry of interesting legal developments in the last few days: * The plaintiffs voluntarily and unilaterally dismissed (with prejudice) Simios v. 180solutions, one of several putative class actions against adware vendors. See the…
Barrett v. Rosenthal Oral Argument Recap
By Eric Goldman Today I attended the California Supreme Court’s oral argument in the Barrett v. Rosenthal case. A short recap of the case: Bolen sent an email to Rosenthal that is allegedly defamatory of the plaintiff. Rosenthal then forwarded…
47 USC 230 Preempts State Criminal Law–Voicenet Communications v. Corbett
By Eric Goldman Voicenet Communications, Inc. v. Corbett, 2006 WL 2506318 (E.D. Pa. Aug 30, 2006) Does 47 USC 230 preempt state criminal laws that otherwise meet its statutory requirements? For a decade, we’ve thought the answer was yes, but…