Amazon Not Liable for User Book Reviews–Hammer v. Amazon
By Eric Goldman Hammer v. Amazon.com, 2005 WL 2467046 (EDNY Sept. 27, 2005) This is a continuation of Hammer v. Trendl, 2003 WL 2146686 (EDNY Jan. 18, 2003). Hammer is a self-published author of handwriting analysis books. He had a…
Presentation on Coasean Analysis of Marketing
By Eric Goldman I’m giving a talk on my next major paper (tentatively titled “A Coasean Analysis of Marketing”…a title that will likely change yet again), at the Midwestern Law & Economics Association meeting in Chicago. A preview of my…
Jacoby on Sponsorship Confusion
By Eric Goldman Sorry for the light blogging–between my travel/presentation schedule and the Jewish holidays, it has been hectic! Jacob Jacoby is a leading trademark survey expert/consultant–I imagine he’s been an expert in over 150 trademark cases. He recently posted…
Menell on State Anti-Spyware Regulation
By Eric Goldman Peter Menell has posted his article “Regulating ‘Spyware’: The Limitations of State ‘Laboratories’ and the Case for Federal Preemption of State Unfair Competition Laws” to SSRN. This article thoroughly examines state-level unfair competition laws and how they…
1-800 Contacts Appeals 2nd Circuit WhenU Decision to the Supreme Court
By Eric Goldman 1-800 Contacts has appealed the 2nd Circuit decision in the WhenU case to the US Supreme Court. A copy of the petition (warning–5+ MB PDF file). As the brief states, the question presented is: “Does ‘use’ of…
IP Blogs (and Other Blogs) Worth Considering
By Eric Goldman Yesterday at a CLE conference in Minnesota, I spoke on a panel about IP blogging with Marty Schwimmer and John Welch. Collectively, we combined our blogrolls to create a master list of the blogs that the three…
My Very Own Search Engine Spam Page
By Eric Goldman I know that aggressive marketers develop what’s commonly referred to as “spam pages”–low-value-added web pages that are intended to be indexed by the search engines and receive a low amount of traffic. Even with a low amount…
Schultz on Copyright, Social Norms and “Jam Bands”
By Eric Goldman Mark Schultz, a guest blogger here, has loaded his new paper Fear and Norms and Rock & Roll: What Jambands Can Teach Us about Persuading People to Obey Copyright Law onto SSRN. The paper looks at “jam…
Crawford on Spyware Regulation
By Eric Goldman Susan Crawford has posted her paper First do no Harm: The Problem of Spyware to SSRN. This is the paper associated with her talk at the Boalt conference on spyware in April. I read a draft of…
Second Anti-Adware Class Action Filed–Simios v. 180Solutions
By Eric Goldman Simios v. 180Solutions, Inc., No. 05C 5235 (N.D. Ill. complaint filed Sept. 13, 2005). This complaint isn’t “new” news; Suzi blogged about it 10 days ago. This is the second anti-spyware class action lawsuit initiated by David…