Victim’s Misstated Age on MySpace Could Contribute to Mistake of Age Defense–State v. Berry
By Eric Goldman State v. Berry, 2010 WL 4226707 (Or. App. Ct. Oct. 27, 2010) This is yet another case involving sex with an underage girl where the defendant believed she was older than she actually was. See my previous…
Blog Host Can’t Be Bound by TRO for User Posts (Blockowicz redux)–Bobolas v. Does
By Eric Goldman Bobolas v. Does 1-100, 2010 WL 3923880 (D. Ariz. Oct. 1, 2010) This lawsuit involves Bobolasgate.info, a Greek-language blog/website that appears to criticize Greek real estate and media mogul George Bobolas (ranked as one of the top…
Sending Politically Charged Emails Does Not Support Disturbing the Peace Conviction — State v. Drahota
[Post by Venkat] State v. Drahota, 280 Neb. 627 (Sept. 24, 2010) [pdf] Background: Drahota was a student at the University of Nebraska who corresponded via email with his political science professor Avery. According to the opinion, they “shared a…
September 2010 Quick Links, Part 2
By Eric Goldman Contracts * Hutchison v. Yahoo, 2010 WL 3706571 (9th Cir. Sept 20, 2010). AT&T’s early termination fee wasn’t a penalty, even as applied to a termination with only 2 weeks of service left. * Evan Brown: Software…
Yelp Wins 47 USC 230 Dismissal of Dentist’s Lawsuit–Reit v. Yelp
By Eric Goldman Reit v. Yelp!, Inc., 2010 WL 3490167 (N.Y. Sup. Ct. Sept. 2, 2010) Dr. Glenn Reit is a Manhattan dentist. His Yelp page and website. As of May 2009, the Yelp page had 11 reviews: 10 favorable…
July-August 2010 Quick Links, Part 1
By Eric Goldman Content Regulation * Wolk v. Olson (E.D. Pa. Aug. 2, 2010). Defamation claim against “Overlawyered” blog dismissed on statute of limitations grounds. The court treats the blog as equivalent to a mass-media publication. * Kelledy v. Cockerham,…
P2P Gambling Site is Illegal Bookmaker–Betcha v. Washington
By Eric Goldman Internet Community & Entertainment Corp. v. Washington State Gambling Commission, 82845-8 (Wash. Sup. Ct. Sept. 2, 2010) Betcha is one of those too-clever-by-half dot com ideas that practically beg VCs to roll the dice. Rather than allow…
Griping Patient Goes Too Far Posting Fake Content in Doctor’s Name–Eppley v. Iacovelli
By Eric Goldman Dr. Barry Eppley v. Lucille Iacovelli, 2010 WL 3282574 (S.D. Ind. Aug. 17, 2010). The CMLP entry. The Internet is filled with commentary about this long-running saga if you want more information. Dr. Eppley is a plastic…
Broadcaster Gets 230 Defense for Readers’ Website Comments–Miles v. Raycom
By Eric Goldman Miles v. Raycom Media, Inc., 2010 WL 3419438 (S.D. Miss. Aug. 26, 2010). WLOX is a TV broadcaster in coastal Mississippi (although with those call letters, I expected it would be located in Brooklyn). Toni Miles, a…
FTC Dings PR Firm for Fake Reviews — In re Reverb Communications
[Post by Venkat] In re Reverb Communications, FTC No. 092-3199 (Aug. 26, 2010) (Settlement) Professor Goldman has posted a bunch about the FTC’s endorsement guidelines. (See, e.g., “Do the FTC’s New Endorsement/Testimonial Rules Violate 47 USC 230?;” “A Fuller Explanation…