Employee Wins Harassment Claim Based in Part on Co-Workers’ Offsite Blog Posts–Espinoza v. Orange

By Eric Goldman Espinoza v. County of Orange, 2012 WL 420149 (Cal. App. Ct. February 9, 2012) Espinoza was born with an incomplete hand. In 1996, he started working for the county probations department. In 2006, a co-worker started two…

Roommates.com Isn’t Dealing in Illegal Content, Even Though the Ninth Circuit Denied Section 230 Immunity Because It Was

By Eric Goldman Fair Housing Council of San Fernando Valley v. Roommate.com, LLC, 2012 WL 310849 (9th Cir. February 2, 2012) A brief history of this long-running case. Fair housing advocates sued Roommates.com for allowing potential roommates to evaluate each…

Newspaper Isn’t Liable for User Website Comment Per 47 USC 230–Delle v. Worcester T&G

By Eric Goldman Delle v. Worcester Telegram & Gazette Corp., 2011 WL 7090709 (Mass. Super. Ct. Sept. 14, 2011) I previously mentioned this ruling in a recent Quick Link, but I can write up a full post now that I’ve…

Top Internet Law Developments of 2011

By Eric Goldman As usual, I’m running late with my year-end recap. This post begins with my countdown of the top 5 Internet Law developments of 2011, then it lists other interesting developments and cases. It concludes with some of…

Photobucket Qualifies for the 512(c) Safe Harbor (Again)–Wolk v. Kodak

By Eric Goldman Wolk v. Kodak Imaging Network, Inc., 2012 WL 11270 (S.D.N.Y. Jan. 3, 2012). Prior blog post on this case. As I’ve indicated before, blogging 17 USC 512 cases has gotten tedious because they are just TOO LONG….

Attempted Trademark Workaround to 47 USC 230 Immunity Fails Badly—Ascentive v. PissedConsumer [Catch-Up Post]

By Eric Goldman [This is one of the top dozen or so most important Internet law opinions of 2011, but unfortunately it came out just as I was going into my exam-grading exile and I had to put blogging it…

TheDirty Denied 47 USC 230 Immunity–Jones v. Dirty World

By Eric Goldman Jones v. Dirty World Entertainment Recordings, LLC, 2012 WL 70426 (E.D. Ky. Jan. 10, 2012). Prior blog post on this case. A Kentucky federal judge rejected 47 USC 230 immunity for thedirty.com for third-party content. It’s entirely…

Trademark Owner Can’t Hold GoDaddy Liable for Domain Name Forwarding — Berhad v. GoDaddy

[Post by Venkat Balasubramani] Berhad v. GoDaddy, C 09-5939 PJH (N.D. Cal.; Jan. 3, 2012) Plaintiff, Petroliam Nasional Berhad (Petronas), a government owned entity, owns the Petronas Towers in Malaysia. It’s trying to enforce its trademark rights against two domain…

Did a Court Eliminate 512(h) Subpoenas?–Maximized Living v. Google

By Eric Goldman with additional comments from David Gingras Maximized Living, Inc. v. Google, Inc., 2011 WL 6749017 (N.D. Cal. Dec. 22, 2011). The initial 512(h) subpoena. The Justia page. 17 USC 512(h) is a relic of a different era….

SOPA/PROTECT-IP/OPEN Linkwrap #2

By Eric Goldman It’s been a busy time for news related to SOPA (the Stop Online Piracy Act, not the Stop Online Privacy Act, although that could be an unintended result!), PROTECT-IP/PIPA, and the OPEN Act. In a bit, I’ll…