Texas Assistant Principal Sues Students and Parents Over Defamatory Profile on MySpace.com

By John Ottaviani High school students have been battling with and lampooning their assistant principals for generations. Last Spring, students in San Antonio, Texas, applied 21st century technology to the practice, when they allegedly set up a profile for their…

eBay User Agreement Upheld–Nazaruk v. eBay

By Eric Goldman Nazaruk v. eBay, 2006 WL 2666429 (D. Utah Sept. 14, 2006) Another lawsuit involving the eBay feedback forum. In this case, the pro se plaintiff alleges that eBay and the feedback submitter deprived her of her civil…

Adware, Spam and Some of My Other Favorite Topics

By Eric Goldman There has been a flurry of interesting legal developments in the last few days: * The plaintiffs voluntarily and unilaterally dismissed (with prejudice) Simios v. 180solutions, one of several putative class actions against adware vendors. See the…

Barrett v. Rosenthal Oral Argument Recap

By Eric Goldman Today I attended the California Supreme Court’s oral argument in the Barrett v. Rosenthal case. A short recap of the case: Bolen sent an email to Rosenthal that is allegedly defamatory of the plaintiff. Rosenthal then forwarded…

47 USC 230 Preempts State Criminal Law–Voicenet Communications v. Corbett

By Eric Goldman Voicenet Communications, Inc. v. Corbett, 2006 WL 2506318 (E.D. Pa. Aug 30, 2006) Does 47 USC 230 preempt state criminal laws that otherwise meet its statutory requirements? For a decade, we’ve thought the answer was yes, but…

Barrett v. Rosenthal Oral Arguments Scheduled for September 5

By Eric Goldman The California Supreme Court has scheduled oral arguments in Barrett v. Rosenthal for September 5 at 2 pm in San Francisco. See the case record here. This case has the potential to define, as binding California precedent…

Can 512(f) Support an Injunction? Novotny v. Chapman

By Eric Goldman Novotny v. Chapman, 2006 WL 2335598 (W.D. N.C. Aug. 9, 2006) Chapman prepares a video showing how to cut women’s hair. Novotny obtains a license to stream the video via the web. Later, Chapman has a change…

Brand Spillovers Talk

By Eric Goldman Yesterday, at the IP Scholars Conference at Boalt, I presented my paper currently titled “Brand Spillovers.” This is the evolution of my project from last year I was calling Trademark Adjacency. I’m still trying to think through…

Whitney Information v. Xcentric Update

By Eric Goldman Whitney Information Network v. Xcentric Ventures, 2006 WL 2243041 (11th Cir. Aug 1, 2006) I previously blogged on this case, where the operators of ripoffreport.com and ripoffrevenge.com won a 230 defense in district court. However, the judge…

eBay Not Liable for Defamatory Feedback–Sturm v. eBay

By Eric Goldman Sturm v. eBay, No. 1-06-CV-057926 (Cal. Superior Ct. July 27, 2006) [sorry, my copies are pretty poor: page 1, page 2] Your mother always said “if you can’t say anything nice, don’t say anything at all.” This…