December 2008 Quick Links, Part 2

By Eric Goldman Social Networking Sites/Cyber-Bullying/Sexual Predation * More on the Lori Drew conviction: – Wired has a tough behind-the-scenes look at the Lori Drew jury deliberations. – The jury instructions – In case you missed it, my special three…

MySpace Defeats Sherman Antitrust Claim for Blocking Links to Competitor–LiveUniverse v. MySpace

By Eric Goldman LiveUniverse, Inc. v. MySpace, Inc., 2008 WL 5341843 (9th Cir. Dec. 22, 2008). The June 2007 district court ruling in MySpace’s favor. LiveUniverse’s Nov. 2006 press release upon filing the lawsuit. LiveUniverse runs VidiLife.com, which it characterizes…

Stress-Relieving Company Gets Anti-SLAPPed Per 230

By Eric Goldman Higher Balance, LLC v. Quantum Future Group, Inc., 2008 WL 5281487 (D.Or. Dec. 18, 2008). The defendants’ (lengthy) celebratory blog post. If you’re a 47 USC 230 junkie like me, there are few better Christmas gifts than…

Roommates.com Loses Summary Judgment on Remand, and Then Partially Settles

By Eric Goldman Fair Housing Council of San Fernando Valley v. Roommate.com, LLC, CV 03-9386 PA (RZx) (C.D. Cal. Nov. 7, 2008). Nov. 19 stipulation. The Ninth Circuit en banc ruling in the Roommates.com remains one of the most noteworthy…

Search Engines Aren’t Liable for Gambling Ads Per 230–Cisneros v. Yahoo

By Eric Goldman Cisneros v. Yahoo, CGC-04-433518 (Cal. Superior Ct. “Tentative Trial Decision” Nov. 6, 2008) I am frequently asked if 47 USC 230 protects websites for claims based on the ads they run. My answer is emphatically “yes” unless…

October 2008 Quick Links, Part 3

By Eric Goldman Pornography * Can you believe this? A 15 year old girl took nude photos of herself using her cellphone and sent the photos to her peers. She is now being prosecuted on child pornography charges. The girl’s…

Rip-off Report Back in Court

By Eric Goldman It’s been a few months since I’ve blogged on new Rip-off Report litigation. For many companies, a blog hiatus might signal good news, but in Rip-off Report’s situation, it merely reflects that I’ve been falling behind in…

SEC’s Proposed Guidance on Hyperlinking Contravenes 47 USC 230

By Eric Goldman In August, I blogged about the SEC’s most recent guidance regarding companies’ liability for linking to third party content. Today, I submitted comments to the SEC pointing out that their general position regarding linking contravenes 47 USC…

Defamation Lawsuit Against Blogger Dismissed on Jurisdictional Grounds–Fahmy v. Hogge

By Eric Goldman Fahmy v. Hogge, 2008 WL 4614322 (C.D. Cal. Oct. 14, 2008). The Justia page. This lawsuit involves the blog hogonice.com (Hog on Ice). The blog’s topical coverage includes “Guns, God, Food, Beer, Tools, Politics, and Whining,” and…

September 2008 Quick Links, Part 3

By Eric Goldman eBay * Universal Grading Service v. eBay, Inc. More fallout from the National Numismatic v. eBay case–another lawsuit alleging antitrust and defamation because eBay designated some coin rating services as preferred and impliedly devalued others. * Windsor…