eBay Sued for Failing to Take Down Listings–Hansson v. Brower
By Eric Goldman Hansson Inc. v. Brower, 4:07-cv-05898-CW (N.D. Cal. complaint filed Nov. 21, 2007) In my Cyberspace Law course, I teach students that they should not just consider the liability of the person who committed the allegedly tortious behavior,…
Perfect 10 v. Amazon Opinion Amendment–Ninth Circuit Does 180 on Fair Use Burden for Preliminary Injunction
By Eric Goldman In the Perfect 10 v. Amazon case, the Ninth Circuit has reversed itself on who has the burden of establishing fair use in the context of a preliminary injunction motion. See the revised opinion. In the original…
ISC2 v. Degraphenreed Update
By Eric Goldman I previously blogged on ISC2 v. Degraphenreed. This case involves an individual (Degraphenreed) who was formerly certified as a CISSP and, after losing the certification, developed and used a new title with the same acronym. Not only…
Taxonomies and Commercial Reputations
By Eric Goldman This coming Saturday, the Information Society Project at Yale Law School is sponsoring a very attractive event entitled “Reputation Economies in Cyberspace.” I’m especially excited about this event because I think my next big project will focus…
Roommates.com Amici Curiae Briefs
By Eric Goldman Amici curiae briefs were filed in the Ninth Circuit Roommates.com appeal by: * a variety of Internet companies such as Google, eBay and Amazon plus non-profit organizations such as the EFF * various news organizations * the…
Google and Yahoo Sued for Hosting Content That Allegedly Infringes Trademarks–(ISC)2 v. Degraphenreed
By Eric Goldman International Information Systems Security Certifications Consortium v. Degraphenreed, 2:07 CV 1195 (S.D. Ohio complaint filed Nov. 16, 2007) International Information Systems Security Certifications Consortium (“ISC2”) offers a professional designation entitled “Certified Information Systems Security Professional,” or “CISSP”…
Ripoff Report Gets Mixed 230 Ruling–Children of America v. Magedson
By Eric Goldman Children of America, Inc. v. Magedson, CV 2007-003720 (Arizona Superior Ct. Oct. 24, 2007) In a ruling reminiscent of Hy Cite v. badbusinessbureau, an Arizona trial court dismissed a plaintiff’s defamation claims against Ripoff Report based on…
Roommates.com Motions over Batzel Briefing
By Eric Goldman Now that the Roommates.com case is pending en banc, let the games begin! The first round: the Fair Housing Councils want to submit a brief arguing why the Ninth Circuit Batzel precedent should be overturned in light…
Vendor of Illicit Phone Records Not Protected by 230–FTC v. Accusearch
By Eric Goldman Federal Trade Commission v. Accusearch, Inc., 06-CV-105-D (D. Wy. Sept. 28, 2007) Accusearch (a/k/a Abika) offers for sale records of telephone calls made by telephone subscribers. Abika doesn’t acquire the records itself directly from the phone companies;…
Ticketmaster Wins Big Injunction in Hannah Montana Case, But Did the Public Interest Get Screwed?–Ticketmaster v. RMG
By Eric Goldman Ticketmaster L.L.C. v. RMG Technologies, Inc., 2007 WL 2988403 (C.D. Cal. Oct. 16, 2007) You may remember Ticketmaster’s multi-year battle against Tickets.com over data aggregation and deep linking. Ticketmaster never got a solid win in that case,…