Gossip Site That Uses Misidentified Photo May Be Liable for Publicity Rights Violation — Edme v. Internet Brands
[Post by Venkat Balasubramani] Edme v. Internet Brands, Inc., 12 cv 3306, 2013 U.S. Dist LEXIS 132008 (E.D.N.Y. Sept. 16, 2013) In what seems more like a law school exam scenario than real life, a woman who was mistakenly identified…
Facebook Sponsored Stories Settlement Approved – Fraley v. Facebook
[Post by Venkat Balasubramani] Fraley v. Facebook, Inc., C 11-1726 RS (N.D. Cal. Aug. 26, 2013) (Digital Media Law Project’s page for the case) (Access a copy of the amended settlement agreement here: [pdf].) Judge Seeborg initially rejected the proposed…
Rationalizing (?) the Hart and Keller v. EA Sports Publicity Rights Rulings (Guest Blog Post)
By Guest Blogger Tyler Ochoa [Eric’s note: this is a long blog post from my colleague Tyler. It does a great job demonstrating that the interplay between the First Amendment and the publicity rights is complete anarchy, which isn’t surprising…
H1 2013 Quick Links, Part 2 (Privacy, Search Engines)
By Eric Goldman and Jake McGowan Privacy * Transcript of court hearing in California v. Delta Airlines. Judge’s ruling starts p. 20. The case archive. * Fleischer v. NYP Holdings, Inc., 2013 WL 1105005 (N.Y.A.D. Mar. 19, 2013): “Plaintiff’s third and…
Recap of Washington State’s Employer Social Media Password Bill
[Post by Venkat Balasubramani] SB 5211 (passed by Senate April 27, 2013) Both chambers of the Washington legislature passed Substitute Senate Bill 5211, and it now awaits the Governor’s signature. No Washington legislators voted against it. Here are the key…
Misguided Catfishing Scheme Leads to Discipline of College Students — Zimmerman v. Ball State
[Post by Venkat Balasubramani with a comment from Eric] Zimmerman v. Ball State Univ., et al., 12-cv-01475-JMS-DML (S.D. Ind. Apr. 15, 2013). (The complaint.) Zimmerman and Sumwalt were students at Ball State University, a public university in Indiana. They apparently…
Ex-Lover Can Use Non-Disparagement Provision to Suppress Revenge Porn–Walls v. Klein
[Post by Venkat Balasubramani] Walls v. Klein, 2013 Tex. App. LEXIS 2462 (Tx. Ct. App. 4th Dist. Mar. 13, 2013) Walls and Klein were in a romantic relationship that soured. The parties volleyed legal threats but ultimately entered into a…
It’s Legally Okay if Google Thinks Your Name and Erectile Dysfunction Drugs Have Something to Do With Each Other (Forbes Cross-Post)
By Eric Goldman Stayart v. Google Inc., 2013 WL 811793 (7th Cir. March 6, 2013). Would you be upset if people searching for your name are prompted to search for your name plus the name of an erectile dysfunction drug like…
Court Rejects Attempt to Hold Software Company Liable for Surveillance Conducted by Its Customer – Luis v. Zang
[Post by Venkat Balasubramani] Luis v. Zang, 12 cv 629 (S.D. Oh. Mar. 5, 2013) Divorces have spawned some of the most interesting privacy disputes, such as the cases involving whether GPS surveillance of a vehicle violated one spouse’s privacy…
Ex-Employer’s Hijacking of a LinkedIn Account Is a Publicity Rights Violation–Eagle v. Morgan
[By Venkat with comments from Eric] Eagle v. Morgan, 11-4303 (E.D. Pa. Mar. 12, 2013) We’ve previously covered this dispute over a LinkedIn account. (See Another Set of Parties Duel Over Social Media Contacts; Battle Over LinkedIn Account Between Employer…