Granick on CISPA’s Deficiencies (With Some of My Own Comments)

By guest-blogger Jennifer Granick (with comments from Eric) [Eric’s introduction: Some guest visitors to the blog need no introduction, and that surely describes Jennifer Granick (her Wikipedia page). She’s cast huge shadows over cyberlaw in her various stints, including being…

The Dangerous Meme That Won’t Go Away: Using Copyright Assignments to Suppress Unwanted Content–Scott v. WorldStarHipHop

By Eric Goldman Scott v. WorldStarHipHop, Inc., 2012 WL 1592229 (S.D.N.Y. May 3, 2012) Copyright law wasn’t designed as a privacy enhancing doctrine, but sometimes plaintiffs try to repurpose copyright law anyway. This case is an interesting illustration of how…

Topix Protected by 47 USC 230–Price v. Gannett

By Eric Goldman Price v. Gannett Co., 2012 WL 1570972, (S.D. W. Va. May 1, 2012) This is a pro se case. The plaintiffs alleged that pseudonymous posters made defamatory and otherwise tortious remarks about the plaintiffs on Topix. The…

Comments on the Megaupload Prosecution (a Long-Delayed Linkwrap)

By Eric Goldman [I’ve been working on this linkwrap for 3 months. Linkwraps rarely improve with age. At this point, it’s not even clear the US government has a case due to its repeated gaffes. Nevertheless, I’ve decided to post…

512(f) Plaintiff Can’t Get Discovery to Back Up His Allegations of Bogus Takedowns–Ouellette v. Viacom

By Eric Goldman Ouellette v. Viacom Intern., Inc., 2012 WL 1435703 (D. Mont. April 25, 2012) Ouellette sued Viacom for sending allegedly bogus takedown notices for videos he posted to YouTube. His case has gone nowhere. In 2011, his ADA…

Internet Intermediary Law Slides from Stanford Guest Lecture

By Eric Goldman I recently guest-lectured at an Internet Law course at Stanford, run by Jennifer Granick and Richard Salgado. My slides. Jennifer asked me to cover 47 USC 230 and 17 USC 512 in a single session. I know…

“Social Media and Trademark Law” Talk Notes

By Eric Goldman Today, I gave a talk at Suffolk University’s event “Social Networking Sites: Law, Policy and Practical Strategies” on Social Media and Trademark Law. My talk notes: _____ 1. Overview A. Trademark doctrine is inherently elastic * Schizophrenia…

AdKnowledge Denied 47 USC 230 Immunity (Again)–Chang v. Wozo

By Eric Goldman Chang v. Wozo LLC, 2012 WL 1067643 (D. Mass. March 28, 2012) This case is a cross between Swift v. Zynga and Goddard v. Google. Tatto runs a website, Wozo, that sells art posters. It created a…

Second Circuit Ruling in Viacom v. YouTube Is a Bummer for Google and the UGC Community

By Eric Goldman Viacom International, Inc., v. YouTube, Inc., 10-3270-cv, 2012 WL 1130851 (2d Cir. April 5, 2012). The companion case is the Football Association Premier League Ltd. v. YouTube, 10-3342-cv Overview After five years in the courts, the Viacom…

Emailing the URL of an Allegedly Defamatory Post Immunized by 47 USC 230–Shrader v. Biddinger

By Eric Goldman Shrader v. Biddinger, 2012 WL 976032 (D. Colo. February 17, 2012). That ruling is the magistrate’s report. The judge adopted the magistrate report verbatim last week. The initial complaint. This case also produced an interesting 10th Circuit…