Online Ticket Resellers Get Significant 47 USC 230 Win–Milgram v. Orbitz
By Eric Goldman Milgram v. Orbitz Worldwide, LLC, ESX-C-142-09 (N.J. Super. Ct. Aug. 26, 2010) Introduction It’s been a relatively quiet year for 47 USC 230, in a good way. We’ve had a few minor aberrational rulings (Subway v. Quiznos,…
July-August 2010 Quick Links, Part 1
By Eric Goldman Content Regulation * Wolk v. Olson (E.D. Pa. Aug. 2, 2010). Defamation claim against “Overlawyered” blog dismissed on statute of limitations grounds. The court treats the blog as equivalent to a mass-media publication. * Kelledy v. Cockerham,…
Griping Patient Goes Too Far Posting Fake Content in Doctor’s Name–Eppley v. Iacovelli
By Eric Goldman Dr. Barry Eppley v. Lucille Iacovelli, 2010 WL 3282574 (S.D. Ind. Aug. 17, 2010). The CMLP entry. The Internet is filled with commentary about this long-running saga if you want more information. Dr. Eppley is a plastic…
Ghostwritten Attorney Newsletter is an “Ad” for TCPA Junk Fax Law Purposes–Holtzman v. Turza
By Eric Goldman Holtzman v. Turza, 08 C 2014 (N.D. Ill. Aug. 3, 2010) This case is a unremarkable straight-down-the-middle analysis of when editorial content becomes a regulated ad, which in turn makes it a remarkable case. Most editorial-content-as-ad cases…
The Problems With Google House Ads
By Eric Goldman [Note: This blog post has taken me 7 months to write, so I’m glad to be sharing it finally. I am cross-posting it to Search Engine Land.] Introduction Many publishers run “house ads” to self-promote their own…
Google Gets Complete Win in Rosetta Stone Case
By Eric Goldman Rosetta Stone Ltd. v. Google Inc., 1:09-cv-00736-GBL-TCB (E.D. Va.). Opinion granting Google’s motion to dismiss filed August 3, 2010, 2010 WL 3063152. Order granting Google’s motion to dismiss the unjust enrichment claim filed August 2, 2010, 2010…
Ripoff Report Defeats Extortion Claim, But Plaintiffs Keep Trying–AEI v. Xcentric
By Eric Goldman Asia Economic Institute v. Xcentric Ventures LLC, 2:10-cv-01360-SVW-PJW (C.D. Cal. July 19, 2010). First Amended Complaint filed July 27, 2010. I’ve lost track of the different techniques plaintiffs have tried to bypass 47 USC 230 and hold…
Funky Ninth Circuit Opinion on Domain Names and Nominative Use–Toyota v. Tabari
By Eric Goldman Toyota Motor Sales, U.S.A., Inc. v. Tabari, 2010 WL 2680891 (9th Cir. July 8, 2010) Every time I see a federal appellate opinion on domain names, I’m vaguely reminded of the Country Joe song I-Feel-Like-I’m-Fixin’-To-Die Rag, whose…
Online Sports Ticketing Exchange Wins Dismissal Under Website User Agreement — Duffy v. The Ticketreserve, Inc.
[Post by Venkat] Duffy v. The Ticketreserve Inc. (FirstDIBZ.com), Case No. 09 C 1746 (N.D. Ill. July 6, 2010) FirstDIBZ.com operates an online market place where end users can “buy, sell, and trade options to purchase tickets to sporting events.”…
Q2 2010 Quick Links Part 2
By Eric Goldman Marketing and Advertising * Good talk from FTC Chair Leibowitz: “we have great hopes for self-regulation….So long as self-regulation is making forward progress, the FTC is not interested in regulating” behavioral targeting. * NYT on teaching middle…