9th Circuit Zings Best Buy Over Robocalls – Chesbro v. Best Buy
[Post by Venkat Balasubramani, with a comment from Eric] Chesbro v. Best Buy Stores, L.P., No. 11-35784 (9th Cir. Oct. 17, 2012) [pdf] The Ninth Circuit has issued a few consumer-favorable rulings in the unsolicited text and phone call realm….
Court Rejects Challenge to Indictment Over Facebook Threats — US v. Michael
[Post by Venkat Balasubramani] US v. Michael, 2:12 cr 1 WTL CMM (S.D. Ind.; Oct. 9, 2012) Another case involving threats made via Facebook. Here the defendant was indicted for the following Facebook posts: These guys will get whats coming…
The Proposed “Cloud Computing Act of 2012,” and How Internet Regulation Can Go Awry (Forbes Cross-Post)
By Eric Goldman Sen. Amy Klobuchar has introduced a new bill, the “Cloud Computing Act of 2012” (S.3569), that purports to “improve the enforcement of criminal and civil law with respect to cloud computing.” Given its introduction so close to…
Ripoff Report and Topix Postings Protected by California’s Anti-SLAPP Law–Chaker v. Mateo
By Eric Goldman Chaker v. Mateo, 2012 WL 4711885 (Cal. App. Ct. Oct. 4, 2012) Chaker and Nicole Mateo had a baby together. After the messy breakup, Nicole and Nicole’s mom Wendy allegedly posted derogatory statements about Chaker and his…
Business School Professors May Be Liable for Defamatory Blog Post–ZAGG v. Catanach
By Eric Goldman ZAGG, Inc. v. Catanach, 2012 WL 4462813 (E.D. Pa. Sept. 27, 2012) Anthony H. Catanach Jr. and J. Edward Ketz are business school professors, Canatach at Villanova’s business school and Ketz at Penn State’s business school. Together,…
We Need Federal Anti-SLAPP Legislation, But Sen. Kyl’s “Free Press Act of 2012? Isn’t the Answer (Yet) (Forbes Cross-Post)
By Eric Goldman It’s a sad but all-too-common story nowadays. A consumer posts a negative online review about a business. Angered by the negative feedback, and fearful of the lost business, the business threatens the consumer with a lawsuit. Recognizing…
Court Says No Negligence Claim for Third Party Infringement via Open Wi-Fi Connection – AF Holdings v. Doe
[Post by Venkat Balasubramani] AF Holdings, LLC v. Doe, C 12 2049 (PJH) (N.D. Cal.; Sept. 4, 2012) I blogged about a case where a P2P infringement plaintiff argued that a defendant should be held liable for failing to secure…
Pointing Out Possible Hypocrisy by a Self-Claimed Sextortion Expert Protected by Anti-SLAPP Laws–Backlund v. Stone
[Post by Venkat Balasubramani] Backlund v. Stone, B235173 (Ca. Ct. App.; Sept. 4, 2012) When is it OK to tweet a threat to expose seminude photographs of a teenage girl? When you’re a law student? When you’re a self-professed expert…
Another School Violated a Student’s First Amendment Rights by Disciplining Her For Facebook Posts — R.S. v. Minnewaska Area School Dist. No. 2149
[Post by Venkat Balasubramani] R.S. ex rel. S.S. v. Minnewaska Area School Dist. No. 2149, 2012 WL 3870868 (D.Minn. September 6, 2012) R.S. was a twelve year old student at a Minnewaska Area middle school. She posted a message to…
Courts Allows Text Spam Class Action Against Voxer, a Cell Phone Walkie-Talkie App — Hickey v. Voxernet
[Post by Venkat Balasubramani] Hickey v. Voxernet, C12-373 MJP (W.D. Wash.; Aug 13, 2012) Voxer is an app that turns your cell phone into a walkie-talkie. Plaintiff sued on his own behalf and on behalf of a putative class, alleging…