September 2008 Quick Links, Part 3
By Eric Goldman eBay * Universal Grading Service v. eBay, Inc. More fallout from the National Numismatic v. eBay case–another lawsuit alleging antitrust and defamation because eBay designated some coin rating services as preferred and impliedly devalued others. * Windsor…
September 2008 Quick Links, Part 2
By Eric Goldman Copyrights * In the Harry Potter fair use case, the court declared that the Lexicon encyclopedia isn’t fair use. * The judge declared a mistrial in the Jammie Thomas case. * Designer Skin v. S&L Vitamins has…
Co-Website Operator Gets 47 USC 230 Defense–Best Western v. Furber
By Eric Goldman Best Western International, Inc. v. Furber, 2008 WL 4182827 (D. Ariz. Sept. 5, 2008). The CMLP page. In my Co-Blogging paper, I wrote about my uncertainty whether co-bloggers would be able to claim 47 USC 230 for…
Perfect 10 v. Google on Remand, and 230 as an Affirmative Defense
By Eric Goldman Perfect 10, Inc. v. Google, Inc., 2008 WL 4217837 (C.D. Cal. July 16, 2008) You recall this case involving Perfect 10’s allegations that Google and Amazon (and, in a subsequent complaint, Microsoft) are infringing its rights by…
StubHub Wins 230 Dismissal in Anti-Scalping Case
By Eric Goldman Fehrs v. StubHub, Inc., #0801-00515 (Ore. Cir. Ct Sept. 9, 2008). The plaintiff’s lawyer has posted some of the litigation materials filed in this case. This is yet another lawsuit in the ongoing battle over online ticket…
August 2008 Quick Links, Part 1
By Eric Goldman eBay * Mazur v. eBay Inc., 2008 WL 2951351 (N.D. Cal. July 25, 2008). See my previous blog post on the case. Some commentators are excited about this ruling because it rejects eBay’s motion to dismiss a…
Io v. Veoh Comments–a Terrific 512(c) Defense-Side Win
By Eric Goldman IO Group v. Veoh Networks, Inc., 5:2006cv03926 (N.D. Cal. Aug. 27, 2008) We spend so much time thinking about and debating 17 USC 512(c) that it’s easy to lose sight of how few cases really interpret the…
SEC Proposes that Companies Should Be Liable for Content Linked from the Company’s Website
By Eric Goldman [Note: I haven’t had a chance to blog the Veoh case–coming soon!] The Securities and Exchange Commission (the SEC) is proposing an interesting policy with respect to a securities issuer linking to discussions about it. See pages…
7Search Sues McAfee For Red Flagging It
By Eric Goldman 7Search.com v. McAfee, Inc., 1:2008cv04831 (N.D. Ill. complaint filed Aug. 25, 2008). The Justia page. I don’t have a good sense of how many lawsuits have been filed against anti-spyware vendors for classifying third party software as…
Google Denied Attorney’s Fees in 230 Dismissal–Steele v. Mengelkoch
By Eric Goldman Steele v. Mengelkoch, 2008 WL 2966529 (Minn..App. Ct. Aug. 5, 2008) A professor at Bemidji State University wrote a story saying some putatively unflattering things about a local journalist, who didn’t take kindly to the allegations and…