Google Dismisses Some Claims in Jurin v. Google and Gets Some Attorneys’ Fees

By Eric Goldman Jurin v. Google, Inc., 2010 U.S. Dist. LEXIS 18208 (E.D. Cal. March 1, 2010) Jurin v. Google is one of the 10 outstanding trademark-based claims against Google’s AdWords programs–in this case, over advertiser purchases of Jurin’s trademark…

Why I Support HR 4364, the Proposed Federal Anti-SLAPP Bill

By Eric Goldman In mid-December, in a move that got a little lost in the holiday shuffle, Rep. Steve Cohen (D-TN) introduced HR 4364, the “Citizen Participation Act of 2009,” proposing a federal anti-SLAPP law. This blog post explains why…

February 2010 Quick Links

By Eric Goldman Copyright * Mavericks Recording Co. v. Harper (5th Cir. Feb. 25, 2010). 17 USC 402(d) precludes an innocent infringement defense in P2P downloading case when the record companies place proper copyright notices on their works. This is…

Forwarding Defamatory Email with Introductory Comments Protected by 47 USC 230–Phan v. Pham

By Eric Goldman Phan v. Pham, 2010 WL 658244 (Cal. App. Ct. Feb. 25, 2010) This is the first 230 case I’m blogging about in 2010 (see my 2009 recap), and what a nice ruling to start the year. The…

Kozinski and Goldfoot on Cyberspace Exceptionalism and Internet Regulation

By Eric Goldman Alex Kozinski & Josh Goldfoot, A Declaration of the Dependence of Cyberspace, 32 Colum. J.L. & Arts 365 (2009). Introduction In early 1996, in response to Congress’ enactment of the Communications Decency Act (the first comprehensive attempt…

January 2010 Quick Links

By Eric Goldman Copyright * An English translation of Google’s December loss in France on a Google Book Search lawsuit. * Ed Felten reports on a survey of files available via BitTorrent. Acknowledging some methodological limits, he estimates ~99% were…

Top Cyberlaw Developments of 2009 (Eric’s List)

By Eric Goldman Guest blogger John Ottaviani recently dropped by to offer his perspectives on 2009’s top Cyberlaw developments. While I like his list a lot, I independently developed my own top 10 list that has a different emphasis. You…

47 USC 230 Year-in-Review for 2009

By Eric Goldman I will do a more comprehensive year in review for Cyberlaw generally, but I thought it would be fun to take a close look at how 47 USC 230 fared in 2009. This is the first full…

Terminated eBay Vendor Gets Day in Court Against eBay–Crawford v. Consumer Depot

By Eric Goldman Crawford v. Consumer Depot, Inc., 05-3242 (Tenn. County Ct. Dec. 9, 2009) Essex and Consumer Depot are competitors in the eBay consignment business. According to the court, prior to 2005 Essex used to allow its employees to…

512(f) Claim Dismissed on Jurisdictional Grounds–Project DoD v. Federici

By Eric Goldman Project DOD, Inc. v. Federici, 2009 WL 4910320 (D. Me. Dec. 13, 2009) 17 USC 512(f) creates a cause of action for sending bogus copyright takedown notices. In a regulatory environment where service providers have itchy trigger…