Barnes Also Seeks Rehearing in Barnes v. Yahoo
By Eric Goldman Cecilia Barnes has also filed a brief requesting a rehearing in Barnes v. Yahoo. The brief says it’s seeking rehearing on a single issue, although it doesn’t actually summarize that issue in a single sentence. However, the…
Speth on Barnes v. Yahoo and 230 as an Affirmative Defense
By Eric Goldman I’ve already blogged a couple times on the Ninth Circuit’s Barnes v. Yahoo ruling (commentary post; post on rehearing request). In response, I got an email from Maria Crimi Speth of Jaburg & Wilk in Phoenix, AZ….
Yahoo and Amici Seek Rehearing in Barnes v. Yahoo
By Eric Goldman Last week I ruminated at length (3,200 words!) about the Ninth Circuit’s Barnes v. Yahoo opinion. As you may recall, I thought the court’s actual holding–230 preempted a negligence claim but did not preempt a promissory estoppel…
Takedown Notice Sent to Parent Doesn’t Affect Subsidiary’s 512(c) Defense–Perfect 10 v. Amazon
By Eric Goldman Perfect 10, Inc. v. Amazon.com, Inc., 2009 WL 1334364 (C.D. Cal. May 12, 2009) This long-running case is working its way through the district court after the Ninth Circuit’s 2007 remand. See my previous blog posts about…
Ninth Circuit Mucks Up 47 USC 230 Jurisprudence….AGAIN!?–Barnes v. Yahoo
By Eric Goldman Barnes v. Yahoo!, Inc., 2009 WL 1232367 (9th Cir. May 7, 2009). My 2005 blog post on the lower court ruling. Reading Barnes v. Yahoo, I had an overpowering sense of deja vu. Almost precisely 2 years…
George Mason Talk and Paper on Economics of Reputational Information
By Eric Goldman Last week I presented a version of my Economics of Reputational Information talk at the Third Annual Conference in the Law and Economics of Innovation series, an event co-sponsored by George Mason Law School and Microsoft. My…
April 2009 Quick Links
By Eric Goldman [Just a reminder that I am posting some “quick links” exclusively to my Twitter account, so if you want to keep up with everything, follow me at Twitter or subscribe to the RSS feed.] Marketing/Spam * Zango…
Two 47 USC 230 Defense Losses–StubHub and Alvi Armani Medical
By Eric Goldman Even though both of these cases are a little dated, they both just showed up in Westlaw in the past couple weeks. Their juxtaposition, plus the recent Woodhull case, suggests a mini-trend against 230. NPS LLC v….
Certain Approval Program v. Rip-off Report Update: Misappropriation Claim Dismissed
By Eric Goldman Certain Approval Programs, L.L.C. v. XCentric Ventures L.L.C., CV08-1608-PHX-NVW (D. Ariz. April 13, 2009). Yet another update on Rip-off Report litigation. In March, a ruling in Certain Approval Program v. Xcentric caused a minor stir. The plaintiff…
230 Doesn’t Preempt State IP Claims–Atlantic Records v. Project Playlist
By Eric Goldman Atlantic Recording Corp. v. Project Playlist, Inc., 2009 WL 766224 (S.D.N.Y. March 25, 2009). The Justia page. This ruling addresses one of the known “circuit splits” in 47 USC 230 jurisprudence: does 230 preempt state IP claims…