Building Owner Can’t Discover the Identity of Tenant Who Writes Bashing Yelp Review (Forbes Cross-Post)

By Eric Goldman Brompton Building, LLC v. Yelp!, Inc., 2013 IL App (1st) 120547-U (Ill. App. Ct. Jan. 31, 2013) Battles over online anonymity aren’t new, and we’ve made a lot of progress clarifying the legal rules.  Usually, when a…

Telephone Consumer Protection Act Case Update – February 2013 Edition

[Post by Venkat Balasubramani] Birchmeier v. Econ. Strategy Group, 12 C 4069 (N.D. Ill. Dec. 28, 2012): This was a putative class action filed against Economic Strategy Group and Caribbean Cruise Line. Plaintiff alleges that defendants made calls to their…

Facebook Entry and Blog Post May Support Retaliation Claim – Stewart v. CUS Nashville

[Post by Venkat Balasubramani] Stewart v. CUS Nashville (Coyote Ugly), 3:11-cv-0342 (M.D. Tenn. Feb. 6, 2013) This is a Fair Labor Standards Act lawsuit brought against Coyote Ugly. Among other things, plaintiffs argued that defendants engaged in an illegal tip-pooling…

Yelp Defeats Legal Challenge to Its User Review Filter (Forbes Cross-Post)

By Eric Goldman Demetriades v. Yelp, Case No.: BC484055 (Cal. Superior Ct. Jan. 25, 2013).  Some supporting documents: * Yelp’s anti-SLAPP motion to strike * Demetriades’s opposition * Yelp’s reply Yelp ($YELP) uses an automated review filter to suppress some user reviews…

What Should We Do About Revenge Porn Sites Like Texxxan? (Forbes Cross-Post)

Periodically, a new controversy springs up about a website that encourages users to post anti-social or distasteful content.  A few years ago it was sites like JuicyCampus or People’s Dirt that requested users to gossip about each other; followed by…

Doctor Loses Defamation Case Over Online Remarks–McKee v. Laurion

By Eric Goldman McKee v. Laurion, A11-1154 (Minn. Jan. 30, 2013) Dr. McKee treated Kenneth Laurion. Unhappy with those interactions, Kenneth’s son Dennis critiqued Dr. McKee on various doctor review websites. Dr. McKee sued Dennis for defamation (and related claims)…

Another Employee Behaves Badly on Social Media. Really, You “Can’t Make This Up.” — In re Palleschi

[Post by Venkat Balasubramani with a comment from Eric] Palleschi v. Cassano, 2013 WL 322573 (N.Y. App. Div. Jan. 29, 2013). The trial court decision. Someone calls 911 complaining of a “gynecological emergency.” A fire dept. employee, an emergency medical…

Conviction Upheld for Impersonating Dead Sea Scrolls Scholars by Sending Out Emails Signed by Others – People v. Glob

[Post by Venkat Balasubramani] People v. Golb, 2013 NY Slip Op 00436 (N.Y. App. Div. Jan. 29, 2013) The defendant was charged with impersonation and identity theft, among other things, for using emails to impersonate others: Defendant is the son…

State Laws Restricting Social Media Use by Sex Offenders Are Failing in Court

[Post by Venkat Balasubramani with comments by Eric] Statutory schemes in three different states intending to regulating the online activities of convicted sex offenders have meet with judicial disapproval. Doe v. Nebraska, 09CV456 (D. Neb. Oct. 17, 2012): Nebraska’s statute…

My Talk to High Schoolers About Accountability for Online Content

By Eric Goldman Earlier this month, I spoke at Los Altos High School as part of their “History Week” (check out that speaker roster!). The topic title is “Internet and Social Media Usage Rights,” which I turned into a talk…