eBay Denied 230 Defense for Its Marketing Representations–Mazur v. eBay

By Eric Goldman Mazur v. eBay Inc., 2008 WL 618988 (N.D. Cal. March 4, 2008) I declared Monday “47 USC 230 Day” here at the Technology & Marketing Law Blog, but with this new case, I’m declaring it 47 USC…

Click Fraud Talk at SMX West

By Eric Goldman At SMX West, I participated on a panel about recent search engine law developments with Clarke Walton, Sarah Bird and Jeffrey Rohrs as moderator. Jeff asked me to address click fraud developments, so here’s a recap of…

Turnitin Lawsuit to Be Dismissed–AV v. iParadigms

By Eric Goldman A.V. v. iParadigms, LLC, No. 07-0293 (E.D. Va. removal from trial docket Jan. 9, 2008) iParadigms, the operators of the Turnitin plagiarism detection tool, issued a confusing press release earlier this week announcing that the lawsuit against…

Jan. 2008 Quick Links (Non-IP Edition)

By Eric Goldman 47 USC 230 * Doe v. SexSearch, the case absolving a website for age verification of its users, has been appealed. * The Supreme Court denied cert in Parker v. Google. See 2008 WL 114262. * NYT…

Contract Formed Even If Customer Never Received It–Schwartz v. Comcast

By Eric Goldman Schwartz v. Comcast Corp., 2007 WL 4212693 (3d Cir. Nov. 30, 2007) This case just crossed my desk, and I’m surprised it hasn’t gotten more attention. (Declan at News.com wrote about it with a misdirected headline, and…

Oct.-Nov. 2007 Quick Links, Part 1

By Eric Goldman I was so jammed at the beginning of November that I didn’t have time to post my quick links from October. Never fear; that omission is being corrected with a double shot of quick links covering October…

Interesting Contract Interpretations in Eighth Circuit Fantasy Baseball Case–CBC v. MLB

By Eric Goldman CBC Distribution and Marketing, Inc., v. Major League Baseball Advanced Media, L.P., No. 06-3357/3358 (8th Cir. Oct. 16, 2007) You’ve already heard about this case, which held that MLB’s right of publicity claim against a fantasy baseball…

AOIR Regulating Virtual Worlds Panel, and My Notes on Investment Expectations in Virtual Worlds

By Eric Goldman Last week at AOIR’s annual meeting (AOIR 8.0) in Vancouver, Greg Lastowka, James Grimmelmann, Tyler Ochoa and I presented on the topic of regulation of virtual worlds. My notes from the presentations are below. See Mark Bell’s…

Ticketmaster Wins Big Injunction in Hannah Montana Case, But Did the Public Interest Get Screwed?–Ticketmaster v. RMG

By Eric Goldman Ticketmaster L.L.C. v. RMG Technologies, Inc., 2007 WL 2988403 (C.D. Cal. Oct. 16, 2007) You may remember Ticketmaster’s multi-year battle against Tickets.com over data aggregation and deep linking. Ticketmaster never got a solid win in that case,…

September 2007 Quick Links Part II

By Eric Goldman Contracts * Manasher v. NECC Telecom, No. 06-cv-10749 (E.D. Mich. Sept. 18, 2007). NECC included the following language on its invoices: “NECC’s Agreement ‘Disclosure and Liabilities’ can be found online at www.necc.us or you could request a…