No Privacy Claim Against Netflix for Disclosing Viewing Histories and Instant Queue Titles Through Netflix-Enabled Devices — Mollett v. Netflix

[Post by Venkat Balasubramani] Mollett v. Netflix, 11-CV-01629 (N.D. Cal.; Aug 17, 2012) This is a putative class action under the Video Privacy Protection Act alleging Netflix violated the VPPA (and Cal. Civ. Code 1799.3) by .. get this …..

No Fourth Amendment Violation When Your Facebook “Friend” Shares Profile Information With Law Enforcement–US v. Meregildo

[Post by Venkat Balasubramani] US v. Meregildo, No. 11 CR 576 (WHP) (S.D.N.Y.; Aug 10, 2012) Colon moved to suppress evidence seized from his Facebook account pursuant to a warrant. He did not contest the finding of probable cause, but…

No Liability for Takedown Notice that Results in Termination of Facebook Page — Lown Cos. v. Piggy Paint

[Post by Venkat Balasubramani, with comments from Eric] Lown Companies v. Piggy Paint, LLC, 1:11-cv-911 (W.D. Mich.; Aug. 9, 2012) Lown and Piggy Paint are squabbling over “piggy paint” trademarks. Lown has a registration for “PIGGY POLISH,” and alleges that…

Bank Might Bear Loss for Fraudulent Money Transfers Initiated From Its Website–Patco v Ocean Bank (Catch-Up Post)

By Blogging Assistant Jake McGowan (with Venkat’s supervision), with a comment from Eric Patco v. Ocean Bank, 11-2031 (1st Cir. July 3, 2012) When a scammer siphons money from a customer’s online bank account, should the bank or the customer…

Court Declines to Dismiss Video Privacy Protection Act Claims against Hulu

[Post by Venkat Balasubramani] In re Hulu Privacy Litigation, C 11-03764 LB (N.D. Cal.; Aug. 10, 2012) Hulu is facing a putative class action alleging that Hulu improperly disclosed the video viewing choices of its users without obtaining consent. Hulu…

Judge Alsup Tries to Out the Shills in Oracle v. Google

[Post by Venkat Balasubramani, with comments from Eric] Oracle v. Google, Case No. C 10-03561 WHA (N.D. Cal.; Aug. 7, 2012) Judge Alsup recently issued an order in Oracle v. Google, voicing concerns that the parties or counsel may have…

Ex-Employee’s Access/Misuse of Employer Files States CFAA Claim — Weingand v. Harland Financial

[Post by Venkat Balasubramani with comments by Eric] Weingand v. Harland Financial Solutions, C 11 3109 EMC (N.D. Cal.; June 19, 2012) Weingand involves claims brought by an employee, and proposed counterclaims brought by the employer against the employee. Nor…

Online Marketplace Isn’t Liable for Bad Conduct by Merchants It Certifies–Englert v. Alibaba

[Post by Venkat Balasubramani] Englert v. Alibaba, 11CV1560 RWS (E.D. Miss.; Apr. 27, 2012) Englert and other plaintiffs purchased products found on alibaba.com. The products included “ExtenZe male enhancement, Vimax,VigRX Plus, Energy Wristband (Power Balance), and Razor Blades Fusion Power.”…

CA Court Confirms that Pineda v Williams-Sonoma (the Zip-Code-as-PII Case) Applies Retrospectively — Dardarian v. OfficeMax

[Post by Venkat Balasubramani] Dardarian v. OfficeMax North America, Inc., 11-CV-0947-YGR (N.D. Cal.; Jun. 25, 2012) The Song-Beverly Act is a California statute that prohibits retailers from requesting personal identification information in connection with credit card transactions. In Pineda v….

P2P Infringement Lawyer Faces Possible Sanctions For Disregarding Court Order Regarding Subpoenas – In re: Bittorrent Adult Film Copyright Infringement Cases

[Post by Venkat Balasubramani] In re: Bittorrent Adult Film Copyright Infringement Cases, 12-1147(JS)(GRG) and 12-1154(ADS)(GRB) (E.D.N.Y.; July 31, 2012) P2P lawyers have come under a lot of fire lately for their tactics. As detailed here by Ars, the Fifth Circuit…