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…
Graeme Dinwoodie on Rescuecom v. Google
By Eric Goldman [Eric’s note: As I mentioned, I’m getting a lot of private emails about Rescuecom v. Google, including the email from Margreth Barrett that I blogged last week. Today, I got the following email from Graeme Dinwoodie, a…
Blogspot Sued for Dead Blogger’s Content–Davis v. Google
By Eric Goldman Davis v. Google, 09 CH 15753 (Cook County Ct. complaint filed April 9, 2009) Venkat sent a very interesting lawsuit this morning that raises some complex policy issues. The complaint alleges that Sean Healy created a blog…
Q1 2009 Quick Links, Part 3
By Eric Goldman Blogging and Social Networking Sites * A new version of the EFF Legal Guide to Blogging. While you’re there, consider joining EFF as a member. The EFF does first-rate work, and they can use all the support…
47 USC 230 Talk at Fordham
By Eric Goldman A couple weeks ago, I gave a 12 minute talk at Fordham Law School as part of a day-long conference on intermediaries. My talk notes: ___ 230(c)(1) means websites and other actors aren’t liable for third party…
Republishing MySpace Post in Local Paper Might Be Intentional Infliction of Emotional Distress–Moreno v. Hanford Sentinel
By Eric Goldman Moreno v. Hanford Sentinel, Inc., 2009 WL 866795 (Cal. App. Ct. April 2, 2009) This is one of the most interesting cases I’ve seen in a while. Moreno was a UC Berkeley undergraduate who grew up in…
Second Circuit Says Google’s Keyword Ad Sales May Be Use in Commerce–Rescuecom v. Google
By Eric Goldman Rescuecom Corp. v. Google Inc., 562 F.3d 123 (2d Cir. April 3, 2009) The Second Circuit has issued its long-anticipated opinion in Rescuecom v. Google over Google’s sale of trademarked keywords as ad triggers. In a disappointing…
Web Host Convicted of State Child Porn Crimes Despite 230–People v. Gourlay
By Eric Goldman People v. Gourlay, 2009 WL 529216 (Mich. App. Ct. March 3, 2009) Hot on the heels of the Cook County Sheriff’s publicity stunt filing against Craigslist, we get an interesting but complicated ruling exploring the application of…