Rip-off Report Wins Dismissal–GW Equity v. Xcentric
By Eric Goldman I’m thinking about renaming this blog the “Rip-off Report Blog.” After all, I blog about them frequently, and there seems to be a never-ending supply of new legal developments. Plus, I know readers are interested in them…
Rip-off Report Back in Court
By Eric Goldman It’s been a few months since I’ve blogged on new Rip-off Report litigation. For many companies, a blog hiatus might signal good news, but in Rip-off Report’s situation, it merely reflects that I’ve been falling behind in…
SEC’s Proposed Guidance on Hyperlinking Contravenes 47 USC 230
By Eric Goldman In August, I blogged about the SEC’s most recent guidance regarding companies’ liability for linking to third party content. Today, I submitted comments to the SEC pointing out that their general position regarding linking contravenes 47 USC…
Search Engine “Cache” Function Covered by Implied License–Parker v. Yahoo
By Eric Goldman Parker v. Yahoo, Inc., 2008 WL 4410095 (E.D. Pa. Sept. 25, 2008). Gordon Roy Parker is a serial pro se Internet law plaintiff and putative owner of copyrights in seemingly misogynistic works such as “Outfoxing the Foxes”…
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…