McDonald’s is Lovin’ It! — Contest Rules Upheld

By John Ottaviani James v. McDonald’s Corp., No. 04-2383 (7th Cir. 8/2/2005). This is not a technology case per se, unless scratch-off game cards that accompany french fry orders are considered “technology.” However, the contract principles that underlie this case…

Google Sued (Again!) for Overcharging Advertisers

CLRB Hanson Industries LLC v. Google, Inc., Case No. 1-05-CV-046409 (Cal. Superior Ct. complaint filed August 3, 2005). Advertisers, including radio personality Howard Stern, have filed a new class-action lawsuit against Google for overcharging in AdWords. This represents the third…

FTC Says No Undisclosed Adware? In the Matter of Advertising.com

In the Matter of Advertising.com, Inc., and John Ferber, Federal Trade Commission File No. 042-3196 (consent order announced Aug. 3, 2005). The FTC is signaling that it is sending a “message” with this case. The only problem? I’m not sure…

New Case Law Lists

Sorry for the catch-all posting, but I have uploaded several new resources to my website: A list of online contracts cases (emphasizing, in particular, online contract formation). A list of online service provider liability cases (copyright, trademark, 47 USC 230)….

Teaching Contract Drafting Presentation

I’m giving a talk tomorrow at Northwestern Law School about my experiences teaching a course called Contract Drafting. A preview of my notes from my talk.

Lane’s Gift Click Fraud Complaint

Lane’s Gifts and Collectibles LLC v. Yahoo! Inc., Case No. CV-2005-52-1 (Ark. Cir. Ct. complaint filed Feb. 17, 2005). After parsing the Click Defense complaint last week, I was finally able to get my hands on one of the complaints…

Class Action Settlement in Electronic Databases Case–Should I Participate?

In re. Literary Works in Electronic Databases Copyright Litigation, M.D.L. No. 1379 (SDNY). This case involves the republication of print articles in electronic databases like Westlaw and Nexis without authorization (part of the fallout from Tasini and similar cases). The…

Study on User Consent and Spyware

Stopping Spyware at the Gate: A User Study of Privacy, Notice and Spyware by Nathaniel Good et al. I’ve already lauded this study after I heard Deirdre Mulligan present the findings at the Boalt Spyware conference in April. If we…

Click Fraud Lawsuit–Click Defense v. Google

Click Defense Inc. v. Google, Inc., No. 5:05-cv-02579-RMW (N.D. Cal. complaint filed June 24, 2005). This is the second major lawsuit again Google for click fraud, following on the Lane’s Gift case filed a few months ago. I have yet…

Proposed GPL Version 3: Revenge of the Free Software Foundation?

By John Ottaviani Now for something NOT related to Grokster. Earlier this month, Richard Stallman and Eben Moglen released an article discussing their plans to update the GNU General Public License (“GPL”). Version 2 of the GPL was released in…