Mixed DMCA Online Safe Harbor Ruling in Cloud-Based Music Locker Case–Capitol v. MP3Tunes
By Eric Goldman Capitol Records, Inc. v. MP3Tunes, LLC, 2011 WL 3667335 (SDNY Aug. 22, 2011). Background. This case involves MP3Tunes.com and Sideload.com. MP3Tunes is a music storage locker. Small lockers are free, but more storage is available at a…
Deep Packet Inspection Lawsuits: NebuAd Partner ISP Wins Summary Judgment — Kirch v. Embarq
[Post by Venkat Balasubramani with comments from Eric] Kirch v. Embarq, 10-2047-JAR (D. Kan. Aug. 19, 2011) The fallout from Nebuad’s ill-fated deep packet inspection continues to percolate through the courts. Plaintiffs sued NebuAd and ISPs in the same forum…
Federal Geolocation Bills Differ on Scope and Damages (Guest Blog Post)
By Sonya Ziaja [Sonya is an American attorney and MSc. candidate at University of Oxford. She writes regularly for LegalMatch and Shark. Laser. Blawg.] Congress will be considering at least two geolocation privacy bills this term. The bipartisan Geolocation Privacy…
Another Lawsuit over Flash Cookies Fails — Bose v. Interclick
[Post by Venkat Balasubramani, with comments from Eric] Bose v. Interclick, Inc., et al., 10-cv-09183-DAB (S.D.N.Y. Aug. 17, 2011) Bose sued Interclick, an advertising network, and various advertisers (including McDonald’s, Mazda and Microsoft) over “flash cookies” and “history sniffing.” As…
Ikon Office Solutions Had no Duty to Disclose That Office Equipment Retained Data — Putnam Bank v. Ikon Office Solutions
[Post by Venkat Balasubramani] Putnam Bank v. Ikon Office Solutions, Inc., 10-cv-1067 (WWE) (D. Conn.; July 5, 2011) Putnam Bank filed a putative class action on behalf of those who purchased and leased office equipment from Ikon, alleging that Ikon…
Sixth Circuit: Email and Phone Advocacy Campaign Can Violate the Computer Fraud & Abuse Act — Pulte Homes v. LIUNA
[Post by Venkat Balasubramani] Pulte Homes, Inc. v. Laborers’ Int’l Union, et al., 09-2245; 10-1673 (6th Cir. Aug 2, 2011) I blogged about a case involving a labor dispute between Pulte Homes and Laborers’ International Union of North America (LIUNA)….
Logging Into Someone Else’s Facebook Account and Posting Messages on Their Friends’ Walls Could Be Identity Theft — In re Rolando S.
[Post by Venkat Balasubramani, with comments from Eric] In re Rolando S., 2011 WL 3212879 (Ca. Ct. App.; July 21, 2011) Background: Rolando was a juvenile who received an unsolicited text message with the victim’s email password. According to the…
Power.com Up For Auction — Facebook v. Power Ventures
[Post by Venkat Balasubramani] Facebook v. Power Ventures, Case No. 5:08-cv-05780 JW (N.D. Cal.) [Update/Clarification: I received an email from the CEO of RokMe Inc. (who is handling the power.com auction) to this effect: Power.com is being sold by its…
Judge Ware OKs Immediate Appeal of Street View ECPA Ruling — In re Google Inc. Street View Electronic Communications Litigation
[Post by Venkat Balasubramani] In re Google Inc. Street View Electronic Communications Litigation, 2011 WL 2571632 (N.D. Cal. July 18, 2011) (Order granting Google’s request to certify and staying case) [pdf] Judge Ware recently denied Google’s request to avail itself…
Court Denies Injunction in Webcam Case Against Aarons — Byrd v. Aarons, Inc.
[Post by Venkat Balasubramani] Byrd, et al. v. Aaron’s, Inc., et al., 11-cv-00101-SJM-SPB (W.D. Pa. July 8, 2011). Magistrate report. Judge’s approval. Plaintiffs leased (and then purchased) their computer from Aspen Way, a franchisee of Aaron’s. Many of the computers…