Barnes v. Yahoo Survives Dismissal Motion on Remand
By Eric Goldman Barnes v. Yahoo!, Inc., 2009 WL 4823840 (D. Or. Dec. 11, 2009) You recall Barnes v. Yahoo, the case where Yahoo promised to promptly take down a fake profile created by a third party but didn’t do…
Denver University “Cyber Civil Rights” Symposium Recap
By Eric Goldman The week before Thanksgiving, I attended an unusual symposium sponsored by the University of Denver Law Review entitled “Cyber Civil Rights: New Challenges for Civil Rights and Civil Liberties in our Networked Age.” The symposium covered standard…
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,…
Ninth Circuit Rebuffs Another CAN-SPAM Plaintiff — Asis Internet Services v. Azoogle.com, Inc.
[Post by Venkat] The Ninth Circuit recently rejected [pdf] two appeals brought by CAN-SPAM plaintiff Asis Internet Services. The trial court granted summary judgment in favor of Azoogle and awarded costs. See Eric’s earlier blog post on that ruling. Asis…
Case Western “Signifiers in Cyberspace” Conference Recap
By Eric Goldman In mid-November, I attended a conference at Case Western Reserve University School of Law in Cleveland, Ohio entitled “Signifiers in Cyberspace: Domain Names & Online Trademarks.” My notes: David Fewer spoke about Canada’s WHOIS policy. The old…
MySpace Quietly Won Goofy 230 Ruling in September–Riggs v. MySpace
By Eric Goldman Riggs v. MySpace, Inc., 2:09-cv-03073-GHK-CT (C.D. Cal. Sept. 17, 2009) This case has received some modest attention throughout its history (including a quick mention here when the court upheld MySpace’s user agreement), but the district court’s dismissal…
Teeth Whitening System Brings “Sue the World” Lawsuit Against Ad Agency, Competitor and Search Engines–Dazzlesmile v. Azoogle
By Eric Goldman Dazzlesmile, LLC v. Epic Advertising, Inc., 2:09-cv-01043-PMW (D. Utah complaint filed Nov. 23, 2009) Dazzlesmile sells a teeth whitening system. Presumably these systems generate fat profits, because Dazzlesmile has brought an expensive “sue-the-world” lawsuit against its ad…
A New Way to Bypass 47 USC 230? Default Injunctions and FRCP 65
By Eric Goldman I recently got the following email from David Gingras, the relatively new General Counsel of the Ripoff Report (reposted with his permission): ________ “As you know, Ripoff Report has defended, and won, a lot of CDA cases…
Google AdWords Litigation Keeps Rolling In–Parts Geek v. US Auto Parts
By Eric Goldman Parts Geek LLC v. US Auto Parts Network Inc.,3:2009cv05578 (D.N.J. complaint filed Nov. 2, 2009) [warning: 3MB PDF]. The Justia page. In my world, we have an honor code among geeks–thou shalt not harm other geeks. As…
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,…