Overreaching Anti-Circumvention Claim Shut Down–DISH Network v. World Cable
By Jake McGowan Dish Network L.L.C., et al, v. World Cable Inc., 11-CV-5219 (E.D.N.Y. 2012) In the hopes of ratcheting up damages, plaintiffs often try to assert any possible claim in their arsenal. In the realm of copyright law, this…
Q3 2012 Quick Links, Part 5 (E-Commerce, Miscellaneous)
By Eric Goldman and Jake McGowan E-Commerce * Noll v. eBay, 2012 WL 1413442 (N.D. Cal. April 23, 2012). The Complaint. eBay’s “Good ‘Til Canceled” fees survive a legal challenge. * Porras v. StubHub: StubHub not liable for tickets that…
Q3 2012 Quick Links, Part 4 (Facebook, Content Regulation)
By Eric Goldman and Jake McGowan Facebook * Facebook settles “Friend Finder” lawsuit. Prior blog post. * Two girls, ages 12 and 13, face felony for creating a fake Facebook account. * Facebook says ‘Likes’ are Free Speech in Sheriff…
Q3 2012 Quick Links, Part 3 (Advertising, Privacy, Consumer Protection)
By Eric Goldman and Jake McGowan Advertising * Marketing Land: Google Results Position: How Much is First Place Really Worth? * Tom O’Toole recaps the ubiquity of text messaging marketing by NHL teams…and their need to clean up their privacy…
Q3 2012 Quick Links, Part 2 (Copyright)
By Eric Goldman and Jake McGowan * Horrifying video evidence that the police probably grossly misused their police power to arrest Kim Dotcom. Related: Timothy Lee: Feds: We Can Freeze Megaupload Assets Even if Case Dismissed. My prior blog post….
Q3 2012 Quick Links, Part 1 (Trademarks/Domain Names, Patents, Trade Secrets)
By Eric Goldman and Jake McGowan Trademarks/Domain Names * AdAge: “Consumers Don’t Really Know Who Sponsors the Olympics.” This reminds us that trying to protect against “sponsorship confusion” is futile. For example: 16% believed Google sponsors the Olympics; and of…
Improperly Designating Fashion Designs as “Unpublished” May Invalidate Copyright Registration–Family Dollar Stores v. United Fabrics
[Post by Jake McGowan] Family Dollar Stores, Inc., v. United Fabrics International, Inc., No. 11 Civ. 2574 (S.D.N.Y. 2012) A few weeks ago, we blogged about whether websites are “published” for copyright law purposes in Rogers v. BBB of Metropolitan…
Another Blow to Banks in ACH Fraud Cases: Funds Transfers Act Preempts Indemnity Agreements — Choice Escrow v. BancorpSouth
[Post by Jake McGowan] Choice Escrow and Land Title, LLC v. BancorpSouth Bank, 10-03531 (W.D. Miss. Aug. 20, 2012) Asharkyu / Shutterstock.com Last month, we blogged about Patco v. Ocean Bank, where the First Circuit held that the bank may…
Buyers of Michael Jackson’s Assets from a Storage Locker Auction Can’t Set Up Paywalled Tribute Website–Branca v. Mann
[Post by Jake McGowan] Branca v. Mann, CV 11-00584 (C.D. Cal. Aug. 10, 2012) When a celebrity goes bankrupt or forgets to pay a bill for his/her physical-space storage locker, opportunists may swoop in and purchase the goods so they…
Is a Website “Published” for Copyright Law Purposes?–Rogers v. BBB of Houston
[Post by Jake McGowan, with comments from Eric] Rogers v. Better Business Bureau of Metropolitan Houston, H-10-3741 (Aug. 15, 2012) Vicente Barcelo Varona / Shutterstock.com In the realm of copyright law, evolving technological perceptions have led to doctrinal questions that…