Judge Koh Puts the Kibosh on LinkedIn Referral ID Class Action — Low v. LinkedIn
[Post by Venkat Balasubramani] Low v. LinkedIn, 11-CV-01468-LHK (N.D. Cal.; July 12, 2012) This case involves the fact that LinkedIn put users’ unique identifiers into its URLs, allowing advertisers (and others) to associate that unique identifier with users–and, potentially, access…
The “I Didn’t Understand Facebook’s Privacy Settings” Argument Isn’t Persuasive to Judges–Sumien v. CareFlite
By Eric Goldman Sumien v. CareFlite, 2012 WL 2579525 (Tex. App. Ct. July 5, 2012). Appellate court docket. Sumien and Roberts were CareFlite EMTs. Roberts posted on a third employee’s Facebook wall how she wanted to slap a patient. Responding…
Wisconsin Appeals Court Punts on the Legality of Buying People’s Names for Keyword Advertising–Habush v. Cannon
By Eric Goldman Habush v. Cannon, 2012 WL 2345137 (Wis. App. Ct. June 21, 2012). The case record. My prior blog post on this case. You may recall this case. Habush Habush & Rottier and Cannon & Dunphy are both…
“Hot Topics in Internet Law” Talk Slides
By Eric Goldman This weekend I presented on “Hot Topics in Internet Law” at the San Francisco IP Law Association’s Spring Seminar in Healdsburg. My talk slides. A few photos from the trip. As I’ve mentioned before, I find “hot…
The Dangerous Meme That Won’t Go Away: Using Copyright Assignments to Suppress Unwanted Content–Scott v. WorldStarHipHop
By Eric Goldman Scott v. WorldStarHipHop, Inc., 2012 WL 1592229 (S.D.N.Y. May 3, 2012) Copyright law wasn’t designed as a privacy enhancing doctrine, but sometimes plaintiffs try to repurpose copyright law anyway. This case is an interesting illustration of how…
Misuse of Family Photograph by Photo Studio Supports Misappropriation Claim–Lee v. Picture People
[Post by Venkat Balasubramani] Lee v. The Picture People, Inc., K10C-07-002 (RBY) (Del. Sup. Ct.; Mar. 19, 2012) Plaintiffs had their two year old’s picture taken at The Picture People, a store engaged in the business of family photography. At…
Terminating an NFL Player’s Endorsement Agreement for Polemic Tweets May Be Contract Breach–Mendenhall v. Hanes
[Post by Venkat Balasubramani, with comments from Eric] Mendenhall v. Hanesbrands, 2012 WL 1230743 (M.D.N.C.; Apr. 12, 2012) This case has it all: Twitter, a pro football player, terrorism, Osama bin Laden and contract law geekiness! Background: Rashard Mendenhall plays…
Lawsuit Against Avvo for Lawyer’s Profile Dismissed as SLAPP–Davis v. Avvo
By Eric Goldman Davis v. Avvo, 2:11-cv-01571-RSM (W.D. Wash. March 28, 2012). Avvo’s post when the lawsuit was initially filed. Florida lawyer Larry Joe Davis, Jr. claimed that his Avvo profile misrepresented his practice. He sued Avvo in Florida for…
Facebook’s “Browsewrap” Enforced Against Kids–EKD v. Facebook
By Eric Goldman E.K.D. v. Facebook, Inc., 3:12-cv-01216-JCS (S.D. Ill. March 8, 2012). The complaint. This opinion reaches two interesting conclusions. First, it says children-users can’t disaffirm Facebook’s terms of service (TOS) so long as they keep using the site….
Reidentification Theory Doesn’t Save Privacy Lawsuit–Steinberg v. CVS Caremark
By Eric Goldman Steinberg v. CVS Caremark Corp., 2012 WL 507807 (E.D. Pa. Feb. 16, 2012) CVS Caremark provided consumer data to pharma companies and data brokers. The plaintiffs alleged that the data transfers violated CVS’s privacy policies, but CVS…