Court Rejects Copyright Misuse Defense Against Apple and Affirms License Restrictions in OS X License Agreement — Apple v. Psystar
[Post by Venkat Balasubramani] Apple Inc. v. Psystar Corp., 10-15113 (9th Cir. Sept. 28, 2011) [pdf] This is a dispute over whether Apple can enforce a restriction in its software license agreements which requires end users to run the Mac…
Lawsuit Against Google Over Invalid Clicks and Special Partner Advertising Dismissed — Woods v. Google
[Post by Venkat Balasubramani with comments from Eric] Woods v. Google, 5:10-cv-1263-JF (N.D. Cal.; Aug 10, 2011) This is an advertiser vs. Google lawsuit where the plaintiff argued on behalf of a putative class that (1) he was improperly charged…
Q3 2011 Quick Links, Part 5
By Eric Goldman See the other quick links posts in this series: * Q3 2011 Quick Links, Part 4 * Q3 2011 Quick Links, Part 3 * Q3 2011 Quick Links, Part 2 (Trademarks/Domain Names Edition) * Q3 2011 Quick…
Court Disregards Check-the-Box Agreement and Doesn’t Enforce Venue Clause — Dunstan v. comScore
[Post by Venkat Balasubramani with additional comments from Eric] Dunstan v. comScore, Inc., 11-cv-05807 (N.D. Ill. Oct. 7, 2011) Plaintiffs sued comScore, alleging that comScore improperly obtained and misused plaintiff’s personal information, after plaintiffs downloaded and used comScore’s software. comScore…
Massachusetts Court Dismisses Lawsuit Alleging Failure to Adequately Safeguard Personal Information — Katz v. Pershing
[Post by Venkat Balasubramani] Katz v. Pershing, LLC, 10-12227-RGS (D. Mass. Aug 23, 2011) Background: Katz maintained an account at National Planning Corporation, an “introducing firm” for which Pershing provides brokerage clearing services. Pershing’s services are provided on a proprietary…
GoDaddy Mismanages Its User Agreements–Crabb v. GoDaddy
By Eric Goldman Crabb v. GoDaddy.com, Inc., 2:10-cv-00940-NVW (D. Ariz. Sept. 27, 2011) As online user agreements become longer and more byzantine, it’s become common for a “master” user agreement to incorporate numerous other documents by reference. For example, stylistically,…
New Essay on 47 USC 230(c)(2)
By Eric Goldman I have posted a new essay, Online User Account Termination and 47 U.S.C. ยง230(c)(2), to SSRN. I wrote this essay as a contribution to a virtual world symposium at UC Irvine, and it will be published in…
Bad SEO Advice May Support Negligence Claim–D’Agostino v. Appliances Buy Phone
By Eric Goldman D’Agostino v. Appliances Buy Phone, Inc., 2011 WL 4345674 (D.N.J. Sept. 15, 2011). One iteration of the complaint. This is a confusing dispute, so I’m just going to focus on a few aspects. Based on the court’s…
Web Vendor Dispute Gets Ugly–Ground Zero Museum v. Wilson
By Eric Goldman Ground Zero Museum Workshop v. Wilson, 2011 WL 3758582 (D. Md. Aug. 24, 2011) Disputes like these make me wonder if we can’t find some way to get along. Suson runs a non-profit museum focused on the…
Court Invalidates Agreement Governing Toyota’s Online Prank Contest — Duick v. Toyota
[Post by Venkat Balasubramani] Duick v. Toyota, B224839 (Ca Ct. App.; Aug. 31, 2011) Toyota and Saatchi & Saatchi ran a marketing campaign where a visitor to the Toyota Matrix website could designate a separate person who would receive prank…