Facebook Preliminarily Wins Copyright Lawsuit over Third Party App–Miller v. Facebook

By Eric Goldman Miller v. Facebook, Inc., 2010 WL 1292708 (N.D. Cal. March 31, 2010) Miller developed a videogame called Boomshine. He is upset that Yeo made an allegedly infringing knockoff variation of the game, called ChainRxn, and distributed the…

230 Protects Newspaper from Liability for Reader Comments–Collins v. Purdue

By Eric Goldman Collins v. Purdue University, 2010 WL 1250916 (N.D. Ind. March 24, 2010) The plaintiff, Timothy J. Collins, III, is a Purdue student. The defendant in this ruling is Federated Publications, which publishes a Lafayette, Indiana daily newspaper,…

eBay Mostly Beats Tiffany in the Second Circuit, but False Advertising Claims Remanded

By Eric Goldman Tiffany (NJ) Inc. v. eBay Inc., 2010 WL 1236315 (2d Cir. April 1, 2010) In a subtle opinion with potentially significant implications, eBay has preserved most of its big 2008 district court victory in the long-running Tiffany…

Unregulating Online Harassment Essay

By Eric Goldman I posted a very short essay to SSRN called Unregulating Online Harassment. This essay recaps and expands some of my remarks from the Denver University “Cyber Civil Rights” Symposium last November. I previously posted a lengthy recap…

YouTube Uploader Can’t Sue Sender of Mistaken Takedown Notice–Cabell v. Zimmerman

By Eric Goldman Cabell v. Zimmerman, 2010 WL 996007 (S.D.N.Y. Mar 12, 2010) A few other folks have written about this case already, but it’s worth noting a couple of points. Cabell posted a video, Pretty Faces, to YouTube. Actors’…

Google Gets Favorable ECJ Opinion, But Will It Prove to Be a Hollow Victory?

By Eric Goldman The European Court of Justice issued its long-anticipated decision in the three Google AdWords cases (C-236/08, C-237-08 and C-238/08) referred to it by the French Cour de Cassation. The ruling only answers the questions posed to it…

Search Engine Legal Developments to Watch in 2010

By Eric Goldman I recently spoke on a panel about search engines and the law at SMX West. I previewed four major trends in search engine law to watch in 2010: 1) Competition issues. Antitrust/competition law has become a big…

Another Bad Ruling in Louis Vuitton v. Akanoc

By Eric Goldman Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., 5:07-cv-03952-JW (N.D. Cal. March 19, 2010) I have not seen a definitive statement of facts in this case, so synthesizing various cryptic statements by the court, here’s my understanding…

Viacom v. YouTube Summary Judgment Motions Highlights

By Eric Goldman Who doesn’t enjoy a good old-fashioned mud-slingin’ showdown? That’s exactly what we’ve got on our hands in the dueling summary judgment motions from Viacom and YouTube in the long-running copyright infringement case (see my initial post from…

Regulating Reputational Systems Slides

By Eric Goldman Last week, I presented my Regulating Reputational Systems talk to non-lawyers at the Jewish High Tech Community. My talk slides. I’ve been working on this topic now for about 18 months, and I’m finally getting closer to…