Plaintiffs Squeak Past Motion to Dismiss in Amazon P3P Case – Del Vecchio v. Amazon
[Post by Venkat Balasubramani with comments from Eric] Del Vecchio v. Amazon.com, 2012 WL 1997697 (W.D. Wash.; June 1, 2012) I previously posted on Del Vecchio v. Amazon, a case that challenged Amazon’s alleged failure to respect the P3P protocol….
Is SOPA’s “Follow the Money” Meme Infecting Anti-Spam Litigation? – Project Honey Pot v. Does
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LLC Members in Online Store Venture Bound by Partnership Fiduciary Duties — Health and Body Store v. Justbrand Limited
[Post by Venkat Balasubramani] Health and Body Store, LLC v. Justbrand Limited, 11-4132 (3d Cir.; May 11, 2012) *Sigh.* Another group of people attempt a web venture with zero documentation and end up in court. One of the many perennial…
SuperPoke! Pets Virtual Gold Dispute Worth Over $5 Million–Abreu v. Slide
By Eric Goldman Abreu v. Slide, Inc., 2012 WL 1123367 (N.D. Cal. April 3, 2012). The Justia page. Google bought Slide, which operated the SuperPoke! Pets online game. Wikipedia has some of the game’s history. As part of the gameplay,…
Parents’ Lawsuit Against Apple for In-App Purchases by Minor Children Moves Forward — In re Apple In-App Purchase Litigation
[Post by Venkat Balasubramani] In re Apple In-App Purchase Litigation, 5:11-CV-1758 (N.D. Cal.; Mar. 31, 2012) Facebook recently dealt with a class action over sponsored stories where minors asserted violations of their publicity rights. The court enforced the Facebook terms…
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…
Users Can’t Sue Sony for Changing Online Terms to Require Arbitration – Fineman v. Sony Network Entertainment
[Post by Venkat Balasubramani] Fineman v. Sony Network Entertainment, C 11-05680 SI (N.D. Cal.; Feb. 9, 2012) In a move that caused a stir among consumer activists and others, Sony revised its EULA in September 2011 requiring PlayStation 3 users…
Qwest Gets Mixed Rulings on Contract Arbitration Issue—Grosvenor v. Qwest & Vernon v. Qwest
[Post by Venkat Balasubramani] I recently blogged about Kwan v. Clearwire, which involved Clearwire’s efforts to force arbitration of a consumer dispute. The court in that case looked at Clearwire’s contracting practices and made an initial ruling that customers could…
No Breach of Contract Claim from Mid-Stream Change of WSJ Online Pricing – Lebowitz v. Dow Jones
[Post by Venkat Balasubramani] Lebowitz v. Dow Jones & Co., 06 Civ. 2198 (MGC) (S.D.N.Y.; Mar. 12, 2012) Dow Jones operates WSJ Online. Historically, it offered WSJ Online subscribers access to WSJ Online and Barron’s Online. At some point, Dow…
Trademark Lawsuit Over Website Text Comparing Products Baffles the Judge–AR Pillow v. Cottrell
By Eric Goldman AR Pillow Inc. v. Cottrell, 2012 WL 868109 (W.D.Wash. March 13, 2012). The complaint. Every time I read an opinion like this, a little piece of me dies. This is a ridiculously easy case, yet somehow it…