Catching Up on 512 Safe Harbor Cases (and Other Online Copyright Cases) From the Past Year
[Post by Venkat Balasubramani with a comment by Eric; followed by a massive supplement from Eric] [Eric’s intro: sometimes, a draft blog post misses the publication window and then comes out painfully late. Venkat drafted the first draft of this…
Judges’ Facebook Friendships Insufficient for Recusal .. Again
[Post by Venkat Balasubramani] I recently blogged about a trio of cases involving attempts to unseat jury verdicts based on social media relationships between the jurors and witnesses or parties. (“No New Trials When Jurors Haven’t Adequately Disclosed Facebook Friendships.”)…
Crass and Offensive Tweets by Student May not Justify Suspension — Rosario v. Clark County School Dist.
[Post by Venkat Balasubramani] Rosario v. Clark County School Dist., 13-cV-362 JCM (PAL) (D. Nev. July 3, 2013) Rosario was a student at Desert Oasis High School. He tried out and was originally cut from the basketball team, but apparently…
After “Bellwether Trial,” Court Says Malibu Media Isn’t Copyright Troll – Malibu Media v. Does
[Post by Venkat Balasubramani] Malibu Media v. Does, 12-2078 (E.D. Pa. June 18, 2013) [pdf] In a somewhat bizarre ruling, a district judge in Pennsylvania held, following a “bellwether trial” that Malibu Media was not a “copyright toll.” In a…
Freelancer Loses Copyright Claims Against Licensee Who Posted Photos to Facebook – Davis v. Tampa Bay Arena
[Post by Venkat Balasubramani] Davis v. Tampa Bay Arena, Ltd., 12-cv-60-T-30MAP (M.D. Fl. June 27, 2013) This is a case involving a long-running relationship between Tampa Bay Arena and its freelance photographer. (We previously blogged the ruling on the arena’s…
No New Trials When Jurors Haven’t Adequately Disclosed Facebook Friendships
[Post by Venkat Balasubramani] Three recent cases all raise the same issue: does an undisclosed Facebook relationship between a juror and someone involved in the case warrant a new trial. In several recent cases, the answer was: no. McGaha v….
Independent Contractor Relationship Between Sender and Advertiser Dooms Spam Claims – Kramer v. NCS
[Post by Venkat Balasubramani] Kramer v. NCS, 12-1956 (8th Cir. May 28, 2013) Kramer, who operated an internet service provider in Clinton, Iowa, filed an ambitious–and as it turned out, ultimately quixotic–lawsuit over spam emails. He initially sued 300 unnamed…
Warranty Disclaimer in PC TuneUp’s EULA Fails — Rottner v. AVG
[Post by Venkat Balasubramani with comments by Eric] Rottner v. AVG Technologies, 12-10920-RGS (D. Mass May 3, 2013) [pdf] Rottner sued AVG Technologies on behalf of a putative class, alleging that AVG’s “PC TuneUp” product did not perform as advertised….
CAN-SPAM Violations For Private WHOIS Information and Putting Disclosures in Remotely Served Images – ZooBuh v. Better Broadcasting
[Post by Venkat Balasubramani] Zoobuh, Inc. v. Better Broadcasting, LLC, 11cv00516-DN (D. Utah May 31, 2013) Spam litigation has waned. In its place, text message litigation has blossomed. Still, once in awhile an interesting spam decision comes along, though unfortunately…
Court Denies Restraining Order Against Ex-Boyfriend Who Threatened to Post Revenge Porn — EC v. CBT
[Post by Venkat Balasubramani] E.C. v. C.B.T., SR., A-1185-12T2 (N.J. Ct. App. May 6, 2013) Plaintiff and defendant lived together between May and August 2011, and after that had a relationship that plaintiff characterized as dysfunctional. Plaintiff sought and obtained…