Advertiser Liability for “Contributory” Trespass to Chattels Redux–Burgess v. American Express
By Eric Goldman Burgess v. American Express Co., 2007 NCBC 15 (N.C. Superior Ct. May 21, 2007) David Fish points to an interesting new ruling on the subject of advertiser liability for pop-up advertising (I’m inferring that the pop-ups were…
SAP Has Bad News in Oracle Lawsuit, But Tries to Bury It
By Eric Goldman Oracle Corp. v. SAP AG, Case No. 07-CV-1658 MJJ (N.D. Cal. answer filed July 2, 2007) You’re an international corporate giant with some bad news in a high-profile case that you want to bury. What do you…
Domain Names Can’t Be Trespassed–Utube.com v. YouTube
By Eric Goldman Universal Tube & Rollform Equipment Corp. v. YouTube, Inc., 2007 WL 1655507 (N.D. Ohio June 4, 2007) Boy, this case got a lot of attention when it was first filed (which isn’t surprising; YouTube lawsuits usually do)….
Facebook’s Lawsuit Against Competitive Email Harvesting Continues–Facebook v. ConnectU
By Eric Goldman Facebook, Inc. v. ConnectU LLC, 2007 WL 1514783 (N.D. Cal. May 21, 2007) A universal truth of the digital era: a website displaying user email addresses will be targeted by email harvesters sweeping up those email addresses…
Oracle v. SAP Lawsuit Comments
By Eric Goldman Oracle Corporation v. SAP AG, 3:07-cv-01658-EMC (N.D. Cal. complaint filed March 22, 2007) I realize I’m a couple weeks late to this story, but it’s too important/interesting a case not to address. TomorrowNow (TN) is a company…
Fourth Circuit Rejects Anti-Spam Lawsuit–Omega World Travel v. Mummagraphics
By Eric Goldman Omega World Travel, Inc. v. Mummagraphics, Inc., No. 05-2080 (4th Cir. Nov. 17, 2006) Wow, what a huge ruling on spam from Judge Wilkinson in the Fourth Circuit! People–even judges–hate spam so viscerally that it’s almost impossible…
Ebates Sued for Trespass to Chattels–Sotelo v. Ebates
By Eric Goldman Sotelo v. Ebates Shopping.com, No. 06C-2531 (N.D. Ill. complaint filed May 5, 2006) The Collins Law Firm has filed a third class action lawsuit over adware, this time targeting Ebate’s Moe Money Maker client software. The complaint…
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…
Second Anti-Adware Lawsuit Survives Motion to Dismiss–Kerrins v. Intermix Media
By Eric Goldman Kerrins v. Intermix Media, Inc., No. 2:05-cv-05408-RGK-SS (C.D. Cal. Jan. 10, 2006) Blogging the latest developments in anti-adware/anti-spyware lawsuits has become a full-time job, which is why I’ve fallen behind. I’m now aware of 5 anti-adware class…
Spyware Litigation Recap
By Eric Goldman There’s been an explosion of litigation involving spyware/adware–so much that I’ve not been able to blog it all on a timely basis. This post “catches up” some of the lawsuits from the last couple of months. In…