A Fuller Explanation of Why the FTC Endorsement/Testimonial Guidelines Violate 47 USC 230
By Eric Goldman Last week’s release of the FTC’s new Endorsement and Testimonial Guidelines has generated a significant amount of angst online. The resulting commentary has been strongly and almost uniformly negative. Frankly, none of the sources I read have…
Do the FTC’s New Endorsement/Testimonial Rules Violate 47 USC 230?
By Eric Goldman In reading the FTC’s new rules on endorsements and testimonials in advertisements, I was struck by the FTC’s expansive vision of advertiser liability for third party-caused violations. In particular, the FTC apparently has made the same analytical…
Yahoo Subpoenas Expedia in American Airlines Lawsuit
By Eric Goldman Yahoo and American Airlines are still tussling over Yahoo’s sale of American Airlines’ trademarks as keyword triggers (see background at 1, 2, 3). According to Yahoo, American Airlines is arguing that online travel agencies such as Expedia…
Why More Wikipedia Editing Restrictions Are Inevitable, and Some Comments on Flagged Revisions for Living People’s Biographies
By Eric Goldman I have posted my latest article, “Wikipedia’s Labor Squeeze and its Consequences,” to SSRN. The article will be published in the Journal of Telecommunications and High Technology Law in the relatively near future. The article is still…
An End to Spam Litigation Factories?–Gordon v. Virtumundo
By Eric Goldman Gordon v. Virtumundo, Inc., No. 07-35487 (9th Cir. Aug. 6, 2009) When CAN-SPAM was passed in 2003, it was fairly clear that Congress wasn’t trying to enable broad private enforcement. Everyone knew that rabid anti-spammers would seize…
State of the Net West Recap
By Eric Goldman Yesterday, the High Tech Law Institute and the Advisory Committee to the Congressional Internet Caucus co-sponsored the Third Annual State of the Net West event at Santa Clara University. The featured participants were 3 members of Congress…
Google Not Liable for False Ads–Goddard v. Google
By Eric Goldman Goddard v. Google, Inc., 5:08-cv-02738-JF (N.D. Cal. July 30, 2009) I previously blogged on this case in December 2008. The case involves AdWords advertisements for allegedly fraudulent mobile subscription services. In an underappreciated opinion, Judge Fogel wrote…
Lifestyle Lift Settles NYAG Claim Over Fake Consumer Reviews
By Eric Goldman Lifestyle Lift has settled a claim from the New York Attorney General’s office over its employees posting fake consumer reviews to the web. According to the NYAG press release, Lifestyle Lift will stop posting anonymous positive product…
Facebook Sued for Click Fraud–RootZoo v. Facebook
By Eric Goldman RootZoo, Inc. v. Facebook, Inc., 5:09-cv-03043-HRL (N.D Cal. complaint filed July 7, 2009) Facebook appears to have run into some trouble with click fraud recently. Last month, TechCrunch had a series of articles about Facebook click fraud….
June 2009 Quick Links, Part 2
By Eric Goldman State Regulation of the Internet * iAWFUL, the Internet Advocates Watchlist for Ugly Laws * Texas HB 2003. Part of the anti-cyber-harassment mania. Very broad statute with lots of room for prosecutorial mischief. * BNA (BNA subscription…