Court Says No Negligence Claim for Third Party Infringement via Open Wi-Fi Connection – AF Holdings v. Doe
[Post by Venkat Balasubramani] AF Holdings, LLC v. Doe, C 12 2049 (PJH) (N.D. Cal.; Sept. 4, 2012) I blogged about a case where a P2P infringement plaintiff argued that a defendant should be held liable for failing to secure…
Another Case Says No Liability for Linking to Allegedly Defamatory Content, Plus a Recap (Guest Blog Post)
Vazquez v. Buhl, 2012 WL 3641581 (Conn. Super. July 17, 2012) [Eric’s Note: Sam Bayard is an associate at Davis Wright Tremaine LLP in New York. I got to know him during his stint at the Citizen Media Law Project….
Ranking of “Dirtiest Hotels” Based on User Ratings is “Unverifiable Rhetorical Hyperbole”–Seaton v. TripAdvisor (Partial Forbes Cross-Post)
By Eric Goldman [This is another situation where I’m posting the first draft of this post here and linking to the Forbes version, which reads a little differently. As always, I welcome feedback about which version you liked better.] Seaton…
Amazon.com’s Anti-Counterfeiting Efforts Blessed by California Appellate Court (Forbes Cross-Post)
By Eric Goldman A California appellate court has blessed Amazon.com’s ($AMZN) efforts to police counterfeit goods sold by its third party merchants. This is especially good news for Amazon because the leading precedent on the topic had blessed eBay’s ($EBAY)…
Why Did Google Flip-Flop On Cracking Down On “Rogue” Websites? Some Troubling Possibilities (Forbes Cross-Post)
By Eric Goldman Earlier this month, Google announced that it may downgrade search results for a website if Google receives a high volume of “valid” takedown notices against the website. Google’s move has confused many Google-watchers, largely because the exact…
Section 230 Immunizes Links to Defamatory Third Party Content–Directory Assistants v. Supermedia
By Eric Goldman Directory Assistants, Inc. v. Supermedia, LLC, 2012 WL 3329615 (E.D. Va. May 30, 2012) [For some reason, this case just appeared in my Westlaw alerts today. Even at this late date, it’s worth sharing. I have a…
Six-Month Retrospective of SOPA’s Demise [Forbes Cross-Post, A Month Late!] + SOPA/PROTECT-IP/OPEN Linkwrap #3
By Eric Goldman [This post is composed of three parts. The first part, all 2,700 words of it, is a cross-post from Forbes last month assessing where we stood 6 months after January 18, 2012. Sorry it’s taken me so…
No Liability for Takedown Notice that Results in Termination of Facebook Page — Lown Cos. v. Piggy Paint
[Post by Venkat Balasubramani, with comments from Eric] Lown Companies v. Piggy Paint, LLC, 1:11-cv-911 (W.D. Mich.; Aug. 9, 2012) Lown and Piggy Paint are squabbling over “piggy paint” trademarks. Lown has a registration for “PIGGY POLISH,” and alleges that…
Breastfeeding Mom Can Sue Video Producer Despite Signing a Blanket Release–Sahoury v. Meredith
By Eric Goldman Sahoury v. Meredith Corp., 2:11-cv-05180-KSH-PS (D. N.J. Aug. 2, 2012) Sahoury consented to being video-recorded while breastfeeding for inclusion in an instructional video. She claims that the video producers orally agreed to two conditions: (1) the instructional…
Online Marketplace Isn’t Liable for Bad Conduct by Merchants It Certifies–Englert v. Alibaba
[Post by Venkat Balasubramani] Englert v. Alibaba, 11CV1560 RWS (E.D. Miss.; Apr. 27, 2012) Englert and other plaintiffs purchased products found on alibaba.com. The products included “ExtenZe male enhancement, Vimax,VigRX Plus, Energy Wristband (Power Balance), and Razor Blades Fusion Power.”…