TweetPhoto (now Plixi) To Start Charging For Twitter Celeb’s Pics
[Post by Venkat Balasubramani] I posted last week about the AFP/Morel Haiti photo debacle where the court rejected AFP’s arguments that it had a license to photos posted to Twitpic by virtue of the Twitter & Twitpic terms of service….
Nov.-Dec. 2010 Quick Links, Part 4
By Eric Goldman Blogs and Boards * Reuters on the wild-and-wooly world of investor message boards. * KingCast.net v. Friends of Kelly Ayotte, 2010 WL 4683829 (D.N.H. Nov. 2, 2010). Blogger’s unsuccessful lawsuit to gain mandatory access to a candidate’s…
Court Rejects Agence France-Presse’s Attempt to Claim License to Haiti Earthquake Photos Through Twitter/Twitpic Terms of Service — AFP v. Morel
[Post by Venkat with a few comments from Eric] Agence France Presse v. Morel, 10 Civ. 2730 (WHP) (S.D.N.Y.; Dec. 23, 2010) The Southern District of New York issued an order denying AFP’s request to dismiss photographer Daniel Morel’s copyright…
Deep Packet Inspection (NebuAd) Litigation: Court Dismisses ECPA Claim but CFAA Claim Continues
[Post by Venkat with comments by Eric] Mortensen v. Bresnan Comm., CV 10-13-BLG-RFC (D. Mont. Dec. 13, 2010) A district court in Montana hearing one of the many NebuAd “deep packet inspection” lawsuits partially granted a defendant’s motion to dismiss….
Ninth Circuit’s Mixed Opinion in Glider/WoW Bot Case — MDY Industries v. Blizzard
[Post by Venkat, with comments from Eric] MDY Industries, LLC v. Blizzard Entertainment, Nos. 09-15932 & 16044 (9th Cir. Dec. 14, 2010) The Ninth Circuit issued its opinion in the Blizzard Glider “bot” case, which is one of three cases…
Another Ruling Challenging “Check the Website for Amendments” Contract Provisions–Roling v. E*Trade
By Eric Goldman Roling v. E*Trade Securities LLC, 2010 WL 4916401 (N.D. Cal. Nov. 22, 2010). The plaintiffs are suing over E*Trade’s allegedly unilateral imposition of an account maintenance fee for folks who didn’t make at least one quarterly trade….
Anti-Bot Restrictions Aren’t Copyright Misuse–Oracle v. Rimini Street
By Eric Goldman Oracle USA, Inc. v. Rimini Street, Inc., 2:10-CV-00106-LRH-PAL (D. Nev.). Decision on Rimini Street’s motion to dismiss, Aug. 13, 2010. Decision on Oracle’s motion to dismiss Rimini Street’s counterclaims, Oct. 29, 2010. As the world watches the…
Facebook Not Liable for Account Termination–Young v. Facebook
By Eric Goldman Young v. Facebook, 2010 WL 4269304 (N.D. Cal. Oct. 25, 2010). The initial complaint. Kashmir Hill covered the initial complaint filing in this case, and you should start with her post. The short story is that Facebook…
First Sale and Exhaustion Doctrines in IP Conference, Nov. 5, SCU
By Eric Goldman I’ve mentioned our First Sale and Exhaustion in IP conference before, but now it’s less than 3 weeks away. If you were thinking about coming, now is a good time to confirm your spot. As regular readers…
Class Action for Misleading Pop-up Ads Against McAfee Survives Motion to Dismiss — Ferrington v. McAfee
[Post by Venkat] Ferrington v. McAfee, Case No. 10-cv-01455-LHK (N.D. Cal. Oct. 5, 2010) There have been a few rulings involving class actions from customers alleging that an online merchant partnered with a third party who improperly piggybacked on to…