September 2007 Quick Links Part II
By Eric Goldman Contracts * Manasher v. NECC Telecom, No. 06-cv-10749 (E.D. Mich. Sept. 18, 2007). NECC included the following language on its invoices: “NECC’s Agreement ‘Disclosure and Liabilities’ can be found online at www.necc.us or you could request a…
Ask.com Not Liable for Search Results or Indexing Decisions–Murawski v. Pataki
By Eric Goldman Murawski v. Pataki, 2007 WL 2781054 (S.D.N.Y. Sept. 26, 2007) William Murawski is one of those not-going-to-win political candidates from New York (strongly reminiscent of Carl Person). Unhappy with the 2006 election process, Murawski sued a variety…
DiMeo v. Max Affirmed by Third Circuit
By Eric Goldman DiMeo v. Max, 2007 WL 2717865 (3rd Cir. Sept. 19, 2007) You may recall the 2006 47 USC 230 ruling in DiMeo v. Max. The opinion was an instant Cyberlaw classic. Why? Among other credentials: the case…
August 2007 Quick Links, Part II
By Eric Goldman * e360 Insight v. Spamhaus Project, 2007 U.S. App. LEXIS 20725 (7th Cir. Aug. 30, 2007). An email marketing company was listed on Spamhaus’ ROSKO and sued for defamation and other torts in Illinois. Spamhaus took the…
Anti-Spyware Vendor Protected by 47 USC 230(c)(2)–Zango v. Kaspersky
By Eric Goldman Zango Inc. v. Kaspersky Lab, Inc., No. C07-0807-JCC (W.D. Wash. Aug. 28, 2007) There has been a fair amount of hand-wringing/teeth-gnashing over the legal liability of anti-spyware vendors when they label a software program as spyware or…
Website Isn’t Liable When Users Lie About Their Ages–Doe v. SexSearch
By Eric Goldman Doe v. SexSearch.com, 2007 WL 2388913 (N.D. Ohio Aug. 22, 2007) Introduction This case adds to the burgeoning 230 jurisprudence involving people looking online for love or sex. (Others that come to mind include Carafano, Anthony, Landry-Bell,…
Roommates.com Plaintiff’s Reply to EFF Brief
By Eric Goldman The Fair Housing Councils have filed a reply to the EFF et al amicus brief (which I joined) in favor of an en banc hearing in the Roommates.com case. In it, the plaintiffs admit that aspects of…
Lemley on Online Safe Harbors
By Eric Goldman Mark Lemley, Rationalizing Internet Safe Harbors Mark Lemley has weighed in on an topic near and dear to my heart–secondary liability online. He advances two principal arguments in his paper. First, it would make sense to harmonize…
2007 Cyberspace Law Syllabus
By Eric Goldman I’ve posted my 2007 Cyberlaw syllabus. Unlike the past few years, which were a little slow cyberlaw-wise, the past 12 months saw a lot of important developments. Let me recap some of changes I made to my…
Advertiser Liability for “Contributory” Trespass to Chattels Redux–Burgess v. American Express
By Eric Goldman Burgess v. American Express Co., 2007 NCBC 15 (N.C. Superior Ct. May 21, 2007) David Fish points to an interesting new ruling on the subject of advertiser liability for pop-up advertising (I’m inferring that the pop-ups were…