Worded to prevent lawsuits by individual email recipients, the federal CAN-SPAM Act limits who can bring suit for a CAN-SPAM violation. In addition to state and federal enforcers, the Act allows suits by “Internet access service providers.” Just who are…
By Eric Goldman * Happy (?) 10th birthday, DMCA. The EFF birthday cards (1, 2). * Speaking of the DMCA, Sen. McCain got a first-hand experience with it when his lawyer complained to YouTube that YouTube was taking down campaign…
By Eric Goldman Lambotte v. IAC/InterActiveCorp, 2008 WL 4829882 (C.D. Cal. Nov. 4, 2008). Initial blog post on the filing of the first complaint. Lambotte filed this putative class action lawsuit against IAC in May based on alleged click fraud….
By Eric Goldman I’m thinking about renaming this blog the “Rip-off Report Blog.” After all, I blog about them frequently, and there seems to be a never-ending supply of new legal developments. Plus, I know readers are interested in them…
By Eric Goldman It’s been a few months since I’ve blogged on new Rip-off Report litigation. For many companies, a blog hiatus might signal good news, but in Rip-off Report’s situation, it merely reflects that I’ve been falling behind in…
By Eric Goldman E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc., No. 06-56237 (9th Cir. Nov. 5, 2008) This case reinforces how trademark law has gone so far astray that easy cases have become hard ones. This lawsuit was…
By Eric Goldman In August, I blogged about the SEC’s most recent guidance regarding companies’ liability for linking to third party content. Today, I submitted comments to the SEC pointing out that their general position regarding linking contravenes 47 USC…
By Eric Goldman Axact (Pvt.) Ltd. v. Student Network Resources, 2008 WL 4754907 (D. N.J. Oct. 22, 2008). The Justia page. Axact’s initial complaint. A letter from defense counsel to the judge recapping some of the sad story. I’m always…
Hoang v. Reunion.com sidesteps an eagerly anticipated legal dispute over the legality of commercial address book scraping and ‘send-to-a-friend’ emails, and also highlights the damage that can cascade when a federal Circuit Court woefully misreads a statute. By Ethan Ackerman…
By Eric Goldman Next week, a three judge panel of the Federal Circuit Court of Appeals will be visiting Santa Clara University and hearing oral arguments in four cases. You can read the briefs of the cases to be heard….