Oracle v. SAP Updates–Third Amended Complaint, Motion to Dismiss Ruling, SAP’s Latest Answer
By Eric Goldman There have been some recent developments in the high-stakes and complicated Oracle v. SAP lawsuit. In October, Oracle filed its third amended complaint whereby it expanded its efforts to show that SAP America and SAP Germany were…
Doe v. SexSearch Affirmed by 6th Circuit, But Not on 230 Grounds
By Eric Goldman Doe v. SexSearch.com, 2008 WL 5396830 (6th Cir. Dec. 30, 2008) I previously summarized this case as follows: Defendants operate a website that helps people hook up to have sex. Roe posted a profile saying that she…
Google’s Latest Attempt to Kill the CLRB Hanson Lawsuit Fails
By Eric Goldman CLRB Hanson Industries, LLC v. Google, Inc., NO. C 05-03649 JW (N.D. Cal. Dec. 16, 2008) CLRB v. Google is the long-running lawsuit (3 1/2 years and counting) over Google’s adherence to advertising limits that advertisers set…
Lori Drew Conviction Reflections, Part 3 of 3: Lessons for Cyberlawyers Drafting User Agreements
By Eric Goldman [Note: this is Part 3 of a special 3-part series on the Lori Drew conviction. Part 1 discussed why MySpace, the putative victim of Lori Drew’s crime, might end up regretting the conviction. Part 2 discussed some…
Lori Drew Conviction Reflections, Part 2 of 3: Who is Bound by Clickthrough Agreements?
By Eric Goldman [Note: this is Part 2 of a special 3-part series on the Lori Drew conviction. Part 1 discussed why MySpace, the putative victim of Lori Drew’s crime, might end up regretting the conviction. Part 3 will discuss…
Lori Drew Conviction Reflections, Part 1 of 3: Why MySpace Might Regret the Conviction
By Eric Goldman [As I’ve mentioned before, I think Lori Drew’s conviction is a tragic denouement to an already tragic situation. After thinking more about the conviction, I initially planned to blog some brief additional commentary to my initial post….
Lori Drew Guilty of 3 Misdemeanor Violations of the Computer Fraud & Abuse Act
By Eric Goldman According to news reports (WSJ Law Blog, LA Times, AP), the jury has declared Lori Drew guilty of “three misdemeanor counts of accessing a computer without authorization.” I would like to parse the actual jury verdict form…
October 2008 Quick Links, Part 2
By Eric Goldman Spam * Kramer v. Perez. An Iowa court awards $236M in damages in a spam case. Venkat’s comments. * After the government lost its jury trial against Impulse Media, the court denied Impulse Media attorneys fees. Contracts…
Lambotte’s Click Fraud Lawsuit Against IAC Survives Motion to Dismiss
By Eric Goldman Lambotte v. IAC/InterActiveCorp, 2008 WL 4829882 (C.D. Cal. Nov. 4, 2008). Initial blog post on the filing of the first complaint. Lambotte filed this putative class action lawsuit against IAC in May based on alleged click fraud….
Stockholder Derivative Action Against Yahoo Based on Click Fraud Rebuffed–Brodsky v. Yahoo
By Eric Goldman Brodsky v. Yahoo! Inc., 2008 WL 4531815 (N.D. Cal. Oct. 7, 2008). The Justia page. Previous blog coverage. You may recall this stockholder derivative lawsuit against Yahoo alleging that Yahoo hyped its stock prices by overstating its…