Top Cyberlaw Developments of 2009

By John E. Ottaviani (Thanks to Eric for letting me post this list here!) [Eric’s note: some of you may recall John, a regular blog guest contributor from 2005-07. It’s great to have another contribution from him.] Eric will post…

Another Cautionary Tale of Joint Website Ownership–TEG v. Phelps [UPDATED]

By Eric Goldman Third Education Group, Inc. v. Phelps, 675 F. Supp. 2d 916 (E.D. Wis. Nov. 25, 2009). Motion to amend denied January 19, 2010. [UPDATE: In the initial version of this post, Richard Phelps’ story was part of…

Record Label Sues Google and Microsoft for Linking to Infringing Music–Blues Destiny v. Google

By Eric Goldman Blues Destiny Records LLC v. Google, Inc., 3:09-cv-00538-WS-EMT (N.D. Fla. complaint filed Dec. 7, 2009) [warning: 1.5MB PDF] Blues Destiny Records, a small Blues music label, doesn’t like RapidShare, a website that allows users to publish files,…

Law Professor Sues Over ‘Above the Law’ Blog Posts–Jones v. Minkin

By Eric Goldman Jones v. Minkin, 1:09-cv-23256-MGC (S.D. Fla. complaint filed Oct. 27, 2009). The Above the Law blog post on the lawsuit with links to the posts in question. Given its history of provocative and occasionally aggressive blog posts,…

October 2009 Quick Links

By Eric Goldman Just a reminder that I am posting most of these types of links exclusively to my Twitter feed. * Tricome v. eBay, Inc., 2009 WL 3365873 (E.D.Pa. Oct 19, 2009). Court upholds eBay user agreement’s venue selection…

Power.com Counterclaims Dismissed — Facebook v. Power Ventures

[Post by Venkat] Facebook and Power Ventures have been involved in a lawsuit over whether Power.com can allow its users to access user data on Facebook’s network. Facebook brought suit against Power.com asserting a slew of claims ranging from copyright…

Q3 2009 Quick Links, Part 3

By Eric Goldman Copyright * AP v. All Headline News settles. My initial blog post. The settlement order. * The Turnitin case has settled. My blog post on the district court ruling. * Corbis Corp. v. Starr, No. 3:07CV3741 (N.D….

Ochoa on the Duration of James Joyce’s Copyrights

By Tyler Ochoa [Eric’s note: my colleague Tyler Ochoa contributes to the blog from time to time. This time, he submits a modified version of a letter he sent to the editors of the San Francisco Chronicle, wherein he explains…

Resale of International Textbooks to US Students Not Protected by First Sale Doctrine–Pearson v. Liu

By Eric Goldman Pearson Education, Inc. v. Liu, 2009 WL 3064779 (S.D.N.Y. Sept. 25, 2009) As a complement to Venkat’s excellent post on Vernor v. Autodesk from this morning, it turns out that we are celebrating First Sale Doctrine day…

Vernor v. Autodesk–Does the Right to Possession Distinguish Between Sales and Licenses?

By Venkat Balasubramani [A big thanks to Professor Goldman for the guest blogging opportunity. I jokingly mentioned that asking me whether I was interested in guest blogging was the law blog industry equivalent of Oprah calling one of her viewers…