Ex-Employee Converted Social Media/Website Passwords by Keeping Them From Her Employer–Ardis Health v. Nankivell
[Post by Venkat, with comments from Eric] Ardis Health, LLC, Curb Your Cravings, LLC and USA Herbals, LLC v. Ashleigh Nankivell, 2011 WL 4965172 (S.D.N.Y. Oct. 19, 2011) Nenkivell worked for CYC as a “video and social media producer.” Her…
Court Rejects Copyright Misuse Defense Against Apple and Affirms License Restrictions in OS X License Agreement — Apple v. Psystar
[Post by Venkat Balasubramani] Apple Inc. v. Psystar Corp., 10-15113 (9th Cir. Sept. 28, 2011) [pdf] This is a dispute over whether Apple can enforce a restriction in its software license agreements which requires end users to run the Mac…
Court Nukes Another Mass Defendant File-Sharing Lawsuit — Digiprotect v. Does
[Post by Venkat Balasubramani] DigiProtect USA v. Does, 10 Civ. 8760 (S.D.N.Y.; Sept. 26, 2011) Plenty of bad news for copyright plaintiffs lately. Righthaven is getting hammered left and right and is struggling (to say the least) to keep any…
Q3 2011 Quick Links, Part 1 (Copyright Edition)
By Eric Goldman * The Golan v. Holder SCOTUS oral arguments are today. My colleague Tyler Ochoa has been actively monitoring the case: – his essay previewing the case and the issues it raises – an amicus brief on whether…
Article on Bypassing Geographic Content Restrictions Using Borrowed IP Addresses
By Eric Goldman Marketa Trimble (UNLV Law) has posted a full copy of her article, The Future of Cybertravel: Legal Implications of the Evasion of Geolocation. I’ve highlighted this article before, such as in my coverage of the Internet Law…
Colorado Judge Drills Righthaven and Awards Attorneys’ Fees–Righthaven v. Wolf
By Eric Goldman Righthaven LLC v. Wolf, 1:11-cv-00830-JLK (D. Colo. Sept. 27, 2011) Another judge, this time in Colorado, issued another stinging rebuke to Righthaven. This time it was Judge Kane in Colorado, and his decision will lead to the…
Copyright Preempts State Tort Claims Over Loss of Control Over Website — 78th Infantry Div. v. Oprendek
[Post by Venkat Balasubramani] 78th Infantry Division, WWII Living History Ass’n v. Oprendek, 11-165 (D.N.J.; Aug 4, 2011) This is another web vendor dispute. Professor Goldman posted about one earlier this week. As in that case, here the parties did…
1st Circuit Reinstates $675,000 File-Sharing Award Against Tenenbaum — Sony BMG v. Tenenbaum
[Post by Venkat Balasubramani] Sony BMG Music Entertainment v. Tenenbaum, 2011 WL 4133920 (1st Cir. Sept. 16, 2011) [pdf] Sony’s lawsuit against Joel Tenenbaum was one of two file-sharing lawsuits brought by record labels against end users that proceeded to…
Web Vendor Dispute Gets Ugly–Ground Zero Museum v. Wilson
By Eric Goldman Ground Zero Museum Workshop v. Wilson, 2011 WL 3758582 (D. Md. Aug. 24, 2011) Disputes like these make me wonder if we can’t find some way to get along. Suson runs a non-profit museum focused on the…
Ninth Circuit Upholds Web Host’s Liability for Counterfeiting Retailers–Louis Vuitton v. Akanoc
By Eric Goldman Louis Vuitton Malletier SA v. Akanoc Solutions, Inc., No. 10-15909 (9th Cir. Sept. 12, 2011). Prior blog posts: * Another Bad Ruling in Louis Vuitton v. Akanoc * Making Sense of the $32M Contributory Trademark Infringement Judgment…