Reunion.com Revisited Again: Claims Under CA Spam Law Not Preempted by CAN-SPAM — Hoang v. Reunion.com
[Post by Venkat] Hoang v. Reunion.com, No. C-08-3518 MMC (March 31, 2010) Reunion.com is a long-running case that’s been blogged extensively by Ethan and others. A group of plaintiffs who received emails through Reunion’s alleged “invite your friends whether you…
Fourth Circuit: Email, ECF, and Domain Name Woes do not Excuse Failure to Respond to Summary Judgment Motion — Robinson v. Wix Filtration
[Post by Venkat] Robinson v. Wix Filtration Corp. LLC, 4th Cir. (Mar. 26, 2010) [scribd] The Fourth Circuit recently held that the district court properly granted summary judgment in favor of a defendant, and rejected plaintiff’s argument that counsel’s failure…
N.D. Cal Rejects Preemption and Standing Defenses Against Claims Under CA Spam Statute — Asis Internet Servs. v. Subscriberbase Inc.
[Post by Venkat] Asis Internet Services v. Subscriberbase Inc., (N.D. Cal.) Case No. 09-3505 SC; April 1, 2010 [scribd] Judge Conti (in the Northern District of California) issued a potentially significant decision last week that keeps the door open for…
Another Court Finds that TCPA Applies to Text Messages — Lozano v. Twentieth Century Fox Film Corp.
[Post by Venkat] Lozano v. Twentieth Century Fox Film Corp., Case No. Civ. 09-cv-6344 (N.D. Ill) [scribd] A court in Illinois rejected a motion to dismiss filed by defendants in a class action brought on behalf of plaintiffs who received…
Craigslist Wins $1.3M Default Judgment Against Autoposting Facilitator — craigslist v. Naturemarket
[Post by Venkat] craigslist, Inc. v. Naturemarket, Inc., Case No. C 08-05065 PJH (MEJ) (N.D. Cal. March 5, 2010) [scribd] (report and recommendation adopted on February 5, 2010) Craigslist obtained a 1.3 million dollar default judgment against defendants Naturemarket, Inc….
Plaintiff Wins $7,000 Following Bench Trial on Claims Under California Anti-Spam Statute — Balsam v. Trancos
[Post by Venkat] Balsam v. Trancos, Inc., Cal Sup. Ct. Case No. (Civ.) 471791; March 10, 2010 [scribd] Although spam lawsuits have not gone particularly well for individual (non-ISP) plaintiffs, Dan Balsam recently took a case to trial in San…
Eighth Circuit: No Derivative Liability Under Iowa Spam Statute — Kramer v. Bartok
[Post by Venkat] Kramer v. Bartok, Case No. 08-3841 (8th Cir. Feb. 19, 2010) (scribd link). The Eighth Circuit recently reversed an award of $236 million in damages against a spam defendant based on a theory of secondary liability. The…
January 2010 Quick Links
By Eric Goldman Copyright * An English translation of Google’s December loss in France on a Google Book Search lawsuit. * Ed Felten reports on a survey of files available via BitTorrent. Acknowledging some methodological limits, he estimates ~99% were…
Utah May Repeal Its Spyware Control Act–SB 26
By Eric Goldman It’s that time of year again. The Utah legislature is back in session and cooking up new schemes to regulate the Internet. So far I only see one Internet-specific bill in queue, SB 26. Surprisingly, it does…
Top Cyberlaw Developments of 2009 (Eric’s List)
By Eric Goldman Guest blogger John Ottaviani recently dropped by to offer his perspectives on 2009’s top Cyberlaw developments. While I like his list a lot, I independently developed my own top 10 list that has a different emphasis. You…