Licensing a Work, and When Licensing Doesn’t Work–Reuters v. GMU
A timely Exhibit A in the argument that contract law is being used as a back-door wedge in expanding copyright. By Ethan Ackerman Just as Bruce Boyden seriously asks, “is the case for contracts somehow expanding copyright rights vastly overstated?”…
August 2008 Quick Links, Part 2
By Eric Goldman Net Neutrality * The FCC gets on Comcast’s case for deceptively blocking BitTorrent connections without disclosure. While I don’t know anyone who has defended Comcast’s behavior here, at the same time there is an undercurrent of concern…
August 2008 Quick Links, Part 1
By Eric Goldman eBay * Mazur v. eBay Inc., 2008 WL 2951351 (N.D. Cal. July 25, 2008). See my previous blog post on the case. Some commentators are excited about this ruling because it rejects eBay’s motion to dismiss a…
eBay Cracks Down on Cookie Stuffing–eBay v. Digital Point Solutions
By Eric Goldman eBay, Inc. v. Digital Point Solutions, No. 5:08-cv-04052-PVT (N.D. Cal. complaint filed Aug. 25, 2008) It is exceedingly rare for marketers to sue affiliates who are trying to game their affiliate programs. I’m sure there have been…
eBay Not Bound By Robinson-Patman Act–Windsor Auctions v. eBay
By Eric Goldman Windsor Auctions, Inc. v. eBay, Inc., 2008 WL 2622791 (N.D. Cal. July 1, 2008) The Robinson-Patman Act is a Depression-era law designed to reduce the ability of manufacturers to engage in price discrimination. At the time, large…
June 2008 Quick Links
By Eric Goldman Trademarks/Domain Names * Utah Lighthouse Ministry v. Foundation for Apologetic Information and Research, 2008 WL 22043807 (10th Cir. May 29, 2008). CMLP writeup. Nice 10th Circuit win for a gripe site against trademark infringement and cybersquatting. This…
May 2008 Quick Links, Part 2
By Eric Goldman Copyright * Google says it isn’t settling the Viacom lawsuit (I don’t believe it). * Interesting juxtaposition: (1) Chronicle of Higher Education: How It Does It: The RIAA Explains How It Catches Alleged Music Pirates and (2)…
Citysearch Sued for Click Fraud–Lambotte v. IAC
By Eric Goldman Lambotte v. IAC/InterActiveCorp. (Cal. Superior Ct. complaint dated May 27, 2008) [warning: 1.9MB file] Ever since the Google and Yahoo click fraud settlements in 2006, it’s been fairly quiet on the click fraud front. See my most…
Search Engine Advertiser Litigation Updates
By Eric Goldman Recently, there were intermediate rulings in two long-standing cases by search engine advertisers against search engines. CLRB Hanson Industries, LLC v. Google Inc., 2008 WL 2079200 (N.D. Cal. May 14, 2008) This lawsuit involves the Google AdWords…
Lori Drew Prosecuted for CFAA Violations–Some Comments, and a Practice Pointer
By Eric Goldman Before I get started, let me first say that my heart goes out to Megan Meier’s family. They have suffered a devastating tragedy, and I cannot possibly fathom the pain they must feel. As a result, I…