Article on Regulating Marketing–A Coasean Analysis of Marketing
By Eric Goldman Eric Goldman, A Coasean Analysis of Marketing, 2006 Wis. L. Rev. __ (forthcoming). In 2001, I had a career-altering epiphany while I was working at Epinions (this is the topic that prompted me to consider becoming a…
Sept. 2006 Quick Links
By Eric Goldman Some stories that caught my eye in September: * Digg users are gaming the Digg algorithm. Greg Linden’s take. Naturally, Digg is fighting back by tweaking its algorithm to reduce the effect of gaming and preserve some…
August 2006 Quick Links (Volume 1)
By Eric Goldman So many good links this month, I’m breaking up this quick links post into two installments. The first installment: * When Internet start-ups want to hire their first lawyer, they typically have three immediate legal needs—they want…
Amazon’s Display of Book Cover Doesn’t Violate Publicity Rights—Almeida v. Amazon.com
By Eric Goldman Almeida v. Amazon.com, Inc., 2006 U.S. APP. LEXIS 17989 (11th Cir. July 18, 2006) Introduction Product photos on e-commerce websites’ product pages are a notorious liability trap. During my tenure at Epinions, product page photos were the…
Web Marketing Legal Issues Talk
By Eric Goldman I gave a talk today to in-house counsel on the topic of common marketing mistakes by e-commerce websites. My slides.
DMA Quietly Kills Telephone Preference Service
By Eric Goldman In a move that’s sure to disappoint no one, the Direct Marketing Association is going to end the Telephone Preference Service everywhere except for Maine, Pennsylvania and Wyoming (where the TPS is the statutory default do-not-call list)….
June 2006 Quick Links
By Eric Goldman I have had virtually no Internet access over the past 10 days due to my move and travels, so my Bloglines account was bulging with more than 1700 articles. Here’s a quick look at some of the…
“Must Carry” Lawsuit Against Search Engines–Langdon v. Google
By Eric Goldman Langdon v. Google, 1:06-cv-00319-JJF (D. Delaware complaint filed May 17, 2006) Omigosh, will these lawsuits over search engine editorial discretion ever cease? Earlier this week I reported on (yet another) lawsuit against Google for dropping a website…
Junk Fax Doesn’t Create Conversion Claim–Edwards v. Emperor’s Garden
By Eric Goldman Edwards v. Emperor’s Garden Restaurant, 130 P.3d 1280 (Nev. Mar. 30, 2006) Defendants sent a single junk fax to the (pro se) plaintiff. The plaintiff sued for a variety of causes of action, including conversion and private…
Advertiser Not Liable for Spam–Hypertouch v. Kennedy-Western University
By Eric Goldman Hypertouch, Inc. v. Kennedy-Western University, No. 3:04-cv-05203-SI (N.D. Cal. Mar. 8, 2006) This is another in a series of CAN-SPAM lawsuits filed by Hypertouch, which apparently has entered the CAN-SPAM plaintiff business. I blogged on one of…