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…
August 2007 Quick Links, Part I
By Eric Goldman Search Engines * Google extended its ad serving technology to consider a user’s past search phrases in addition to their current search term. * Greg Linden: “Google is teasing too many lions.” * BusinessWeek: Some VCs are…
Douglas v. Talk America Revisited
By Eric Goldman Last month, I blogged on the Douglas v. Talk America case. I think it’s fair to say that a lot of lawyers are scratching their head about this case. The case *might* stand for the proposition that…
Google’s AdWords Contract Upheld Again, But Advertiser Lawsuit Against Google Continues–CLRB Hanson v. Google
By Eric Goldman CLRB Hanson Industries LLC v. Google Inc., 5:05-cv-03649-JW (N.D. Cal. Aug. 21, 2007) This lawsuit is one of several advertiser lawsuits against search engines from 2005 (see my initial post when the lawsuit was filed). Many of…
Website Isn’t Liable When Users Lie About Their Ages–Doe v. SexSearch
By Eric Goldman Doe v. SexSearch.com, 2007 WL 2388913 (N.D. Ohio Aug. 22, 2007) Introduction This case adds to the burgeoning 230 jurisprudence involving people looking online for love or sex. (Others that come to mind include Carafano, Anthony, Landry-Bell,…
Online Reputation and its Implications for Online User Agreements
By Eric Goldman Shmuel Becher and Tal Zarsky, E-Contract Doctrine 2.0: Standard Form Contracting in the Age of Online User Participation Right now, the rules applicable to online user agreements are a doctrinal mess. We want to encourage businesses and…
Taking Intangible Electronic Files is Criminal Fraud–NM v. Kirby
By Eric Goldman New Mexico v. Kirby, 2007-NMSC-034 (N.M. June 13, 2007) This is a very confusing case, so maybe you can help me figure out what it means. At minimum, this case highlights the problems that can be arise…