October 2009 Quick Links

By Eric Goldman Just a reminder that I am posting most of these types of links exclusively to my Twitter feed. * Tricome v. eBay, Inc., 2009 WL 3365873 (E.D.Pa. Oct 19, 2009). Court upholds eBay user agreement’s venue selection…

Domain Names as Property Subject to Creditor Claims–Bosh v. Zavala

[Post by Venkat] Most people take it for granted that domain names are property. As such, there shouldn’t be much dispute that domain names are subject to the claims of judgment creditors. But I’ve seen enough resistance to this position…

Q3 2009 Quick Links, Part 4

By Eric Goldman Spam * Ars Technica: “a disturbing number of e-mail users respond to spam, and not just because they’re dumb—some of them did so because they were actually interested in the product or service.” I collected some empirical…

Vernor v. Autodesk–Does the Right to Possession Distinguish Between Sales and Licenses?

By Venkat Balasubramani [A big thanks to Professor Goldman for the guest blogging opportunity. I jokingly mentioned that asking me whether I was interested in guest blogging was the law blog industry equivalent of Oprah calling one of her viewers…

Lori Drew Criminal Case Ends With a Whimper

By Eric Goldman United States v. Drew, 2009 WL 2872855 (C.D. Cal. Aug. 28, 2009) Almost 2 months ago, the judge presiding over the Lori Drew trial orally announced that he intended to rule in favor of Drew, but it…

2009 Cyberspace Law Syllabus and Some Comments

By Eric Goldman I have posted my syllabus for this semester’s Cyberspace Law course. This blog post describes the changes from my 2008 course reader. For more on my pedagogical approaches to the course, see my Teaching Cyberlaw article. Trademark…

Wikipedia and Rules Proliferation

By Eric Goldman I have previously mentioned how rule sets tend to expand over time. We’ve seen this with legislation; for example, consider how the Copyright Act has grown over time. Personally, I’ve seen code expansion over and over again…

Google Goes on Offensive in AdWords Trademark Lawsuit–Google v. John Beck Amazing Profits

By Eric Goldman Google, Inc v. John Beck Amazing Profits, LLC, C09 03459 (N.D. Cal. complaint filed July 27, 2009). [Warning: 1.4MB file] The Justia page. A couple of interesting developments in John Beck Amazing Profits v. Google, the putative…

Republishing Third Party Ratings in Marketing Material Might Be Copyright/Trademark Infringement–Health Grades v. Robert Wood Johnson Univ. Hospital

By Eric Goldman Health Grades, Inc. v. Robert Wood Johnson University Hospital, Inc., 06-CV-02351-JLK (D. Colo. June 19, 2009) A Colorado judge has reached the remarkable conclusion that a hospital publicizing its star ratings and other recognition from a third…

Facebook Sued for Click Fraud–RootZoo v. Facebook

By Eric Goldman RootZoo, Inc. v. Facebook, Inc., 5:09-cv-03043-HRL (N.D Cal. complaint filed July 7, 2009) Facebook appears to have run into some trouble with click fraud recently. Last month, TechCrunch had a series of articles about Facebook click fraud….