Is Sacramento The World's Capital of Internet Privacy Regulation? (Forbes Cross-Post)

It’s only two hours between Sacramento, California’s state capitol, and the Silicon Valley, the world’s technology capital, but when it comes to regulating the Internet, philosophically they are worlds apart. The two worlds collided in 2013 when Sacramento enacted a…

Is It Software?  Is It a Service?  It Matters for Trademark Registration Purposes

A recent trademark decision from the airline leasing industry highlights the importance of thinking about whether a mark used in connection with software (1) is being used on a product (software), (2) is being used for “software as a service,” or…

Protip: Don't Send Emails Threatening to "Inflict the Maximum Amount of Financial Pain" Allowed By Law

Dr. Karan wanted to open a call center in India to assist doctors in handling patient calls. He entered into agreements with Computech and mLogica, two entities owned by his childhood friend, Amit Okhandiar. Under the agreement, the two entities…

Details About Amazon's Confidential Settlement Terms For A Keyword Advertising Lawsuit (Forbes Cross-Post)

Most lawsuits settle; and most settlements are confidential. As a result, outsiders often don’t learn who “won” a settled lawsuit or the range of standard settlement terms. Fortunately, a dispute over the settlement agreement in a keyword advertising trademark lawsuit…

Video Privacy Protection Act Plaintiffs Can Proceed Against Hulu Absent Showing of Actual Injury

Plaintiffs sued Hulu asserting violations of the Video Privacy Protection Act based on alleged disclosures to Comscore and Facebook of plaintiffs’ viewing information. The court denied an initial motion to dismiss by Hulu based on standing. Hulu later brought a…

Company That Facilitates Digital Access to Public Records Uses CFAA to Block Scraper

[Eric’s introduction: this post has been sitting in our tank over a month. I put a hold on it when I was considering using this fact pattern for my Internet Law exam. I decided to go in a different direction,…

Florida Drops Ill-Conceived Proposal To Ban Competitive Keyword Advertising By Lawyers (Forbes Cross-Post)

In March, the Florida State Bar’s Standing Committee on Advertising proposed an ethics opinion (Proposed Advisory Opinion A-12-1). The opinion was designed to help Florida lawyers understand what they could ethically do with online marketing. It targeted a melange of…

Minors’ Suit Over Facebook Credits Continues – I.B. v. Facebook

This is a lawsuit over minors’ purchase of Facebook credits. The court only partially granted Facebook’s motion to dismiss on the first go-around, and on the second go-around does the same. (Previous post: Minors’ Suit Over Facebook Credits Survives in Part…

AAUP Says Kansas Regents' New Faculty Social Media Use Policy Violates Academic Freedom (Guest Blog Post)

[Eric’s introductory note: this guest blog post comes from my colleague Stephen Diamond. You may have seen that last week the Kansas Board of Regents adopted a “social media use” policy for faculty members, which sadly represents the kind of…

Court Won't Order Google To Lift Manual Block For 'Thin Content'--ICF v. Google

ICF provides web hosting services to hundreds of pornography websites. Google allegedly manually blocked these sites for spam, characterizing them as having “thin content,” which Google defines as “providing internet content that has little or no value to end-users.” The…