Spitzer’s Witchhunt Nails Adware Executive Personally

By Eric Goldman In response to my post yesterday about adware witchhunts, a reader privately criticized me for analogizing the adware situation with manias where people’s lives were at stake. Ben Edelman made a similar point in his comment to…

Adware Witchhunt Gone Awry

By Eric Goldman Ben Edelman’s latest “research report”/attack salvo goes after Claria because an ad promoting a Claria product was delivered via alleged spyware. To connect Claria with the “spyware” vendor, Ben traces the money as follows: Step 1: Claria…

Copyright Infringement for Bundling with P2P File Sharing Software?

By Eric Goldman Suzi of Spyware Confidential/Spyware Warrior relayed the following question to me: “Saw your recent posting on the Direct Revenue/KaZaA partnership. Many have praised this move despite the fact the Supreme Court has ruled that these P2P networks…

Amazon Not Liable for User Book Reviews–Hammer v. Amazon

By Eric Goldman Hammer v. Amazon.com, 2005 WL 2467046 (EDNY Sept. 27, 2005) This is a continuation of Hammer v. Trendl, 2003 WL 2146686 (EDNY Jan. 18, 2003). Hammer is a self-published author of handwriting analysis books. He had a…

Anti-Phishing Warning Protected by 47 USC 230

By Eric Goldman Associated Bank Corp. v. EarthLink, Inc., No. 05-C-0233-S (W.D. Wis. Sept. 13, 2005). [BNA subscription required] EarthLink’s “ScamBlocker” incorrectly identified Associated Bank’s website as a phishing site, so users trying to access the website saw a huge…

City of Heroes Lawsuit–New Ruling on False DMCA Takedown Notices

By Eric Goldman Marvel Enterprises v. NCSoft Corp., CV 04-9253-RGK (C.D. Cal. Aug. 23, 2005). Given the interest in this case, I’m surprised that this ruling appears to have been overlooked (I found it through BNA [subscription required]). In late…

Student Sues Term Paper Website (and its Host)

Macellari v. Carroll, no. 4:05-CV-04161-JPG (S.D. Ill. complaint filed Aug. 31, 2005). Blue Macellari, a student at Duke and Johns Hopkins, has sued a term paper vendor (Rusty Carroll/R2C2, Inc.) operating three websites (doingmyhomework.com, freeforessays.com and freefortermpapers.com) for copyright infringement,…

Downloading Software onto Home Computer May Be Trespass to Chattels–Sotelo v. DirectRevenue

Sotelo v. DirectRevenue LLC, No. 05 C 2562 (N.D. Ill. Aug. 29, 2005). It was pretty obvious when the complaint was filed in March that this lawsuit warranted careful scrutiny. This initial ruling reinforces that point. This ruling is interesting…

2004 Case on Advertiser Liability for Spam

Fenn v. Redmond Venture, Inc., 2004 UT App 355 (Utah Ct. App. Oct. 15, 2004). I was digging through my stack and stumbled across this case from last year. It seems apropos to a running theme on this blog about…

Algorithm for Analyzing Liability for Contributing to Copyright Infringement

By John Ottaviani Professor David Post has an interesting article (free subscription required) in the August 3, 2005 issue of the National Law Journal, in which he reviews the “Sony doctrine” of secondary liability for copyright infringement. In Sony, the…