“Last Call” Draft of GPL3 is Posted

By John Ottaviani The Free Software Foundation posted the “last call” draft of version 3 of the GPL on its website yesterday for comment. The General Public License (GPL) is one of the most widely used open source licenses. Version…

UCC 2B/UCITA Resurrected–ALI’s Principles of the Law of Software Contracts

By Eric Goldman Let me start with two relatively uncontroversial propositions: 1) UCC Article 2, drafted principally in the 1950s, was designed to govern the sale of tangible items, not software 2) Accordingly, Article 2 fits awkwardly when applied to…

Zango’s Busy Litigation Docket

By Eric Goldman I got a tip that Zango’s lawsuit against PC Tools had been removed to federal court, which prompted me to search for “Zango” in PACER for the Western District of Washington. I learned that Zango has a…

At the Intersection of Copyright and Contract

By John Ottaviani A long simmering debate among museums and other visual archivists is whether (and how) one can charge for digital images of works in a collection that may or may not be covered by copyright any longer. The…

Click Fraud Resources

By Eric Goldman I’m a little surprised that click fraud remains such a hot topic. Last summer, I thought the Google and Yahoo class action lawsuit settlements resolved the bulk of the problems, and most people would move on to…

April 2007 Quick Links

By Eric Goldman * Rebecca blogs on CollegeNET, Inc. v. XAP Corp., 2007 WL 927946 (D. Or. March 26, 2007), where a jury awarded $4.5M in damages under 43(a) because the defendant had a privacy policy saying it wouldn’t disclose…

March 2007 Quick Links Part 2

By Eric Goldman Yesterday I posted the Google edition of my list of interesting items from March. Today I post the remainder of items that caught my eye last month. Trademarks/Brands * Bosley Medical Institute v. Kremer, 2007 WL 935708…

Oracle v. SAP Lawsuit Comments

By Eric Goldman Oracle Corporation v. SAP AG, 3:07-cv-01658-EMC (N.D. Cal. complaint filed March 22, 2007) I realize I’m a couple weeks late to this story, but it’s too important/interesting a case not to address. TomorrowNow (TN) is a company…

AFP v. Google Settles

By Eric Goldman The Agence France-Presse v. Google lawsuit has settled. See news reports: AP, CNET News.com. Like it did with the Associated Press, Google struck a licensing deal for AFP content, including indexing it in Google News. Financial terms…

Google AdWords Contract Upheld (Again)–Feldman v. Google

By Eric Goldman Feldman v. Google, Inc., 2007 WL 966011 (E.D. Pa. March 29, 2007) Yet another click fraud lawsuit, this time involving one of the 556 plaintiffs that opted out of the Google click fraud settlement. In my prior…