By Eric Goldman Jonthan Ezor has posted a short paper (10 pages + endnotes), Busting Blocks: Appropriate Legal Remedies For Wrongful Inclusion In Spam Filters Under U.S. Law, to SSRN. This article deals with thorny issues created by email blocklist…
By Eric Goldman * Marketers (including Microsoft) are paying authors to write Wikipedia entries. Surprised?! * Also on the topic of Wikipedia and marketers, Wikipedia has tagged all of their pages NOFOLLOW so that there’s no way a marketer or…
By Eric Goldman Earlier this week, the New York Attorney General’s (NYAG) office issued a press release with the blazing all caps headline: GROUNDBREAKING SETTLEMENTS HOLD ONLINE ADVERTISERS RESPONSIBLE FOR DISPLAYING ADS THROUGH DECEPTIVELY INSTALLED “ADWARE” PROGRAMS Groundbreaking…or groundless? After…
By Eric Goldman Google v. Central Mfg Inc., No. 07CV 385 (N.D. Ill. complaint filed Jan. 19, 2007) Leo Stoller is a notorious figure in the trademark community, especially among the hundreds (thousands?) of trademark owners he’s targeted with demands…
By Eric Goldman Pallorium v. Jared, G036124 (Cal. Ct. App. Jan. 11, 2007) This case is another 230 defense win (using the rarely used 230(c)(2) provision) protecting anti-spammers for their efforts to combat spam. Jared published a list of IP…
By Eric Goldman There was some press today about the government’s efforts to resell papers of Ted Kaczynski (a/k/a the Unabomber). While the government makes those papers available in unmodified form to researchers, the proposal was to publicly sell some…
Delfino v. Agilent, No. H028993 (petition for certiorari to California Supreme Court filed January 17, 2007) I previously blogged about Delfino v. Agilent, which held that 47 USC 230 insulated Agilent from liability for an employee’s use of its network…
By Eric Goldman Rescuecom v. Google, 06-4881-CV (2nd Circuit appellant brief filed January 12, 2007) You may recall Rescuecom v. Google, which held that Google was not making a trademark use in commerce by selling trademarked keywords. This ruling resulted…
Haifa Conference Recap On December 21, Haifa University Faculty of Law conducted an interesting cross-disciplinary and international inquiry into the law of search engines, with a whirlwind tour of about two dozen 10-minute presentations over a long 11 hour day….
By Eric Goldman I plan to participate in INTA’s Roundtable on Legal Issues in Marketing and Advertising in Palo Alto January 30. I’m not quite sure what to expect from the roundtable (this will be my first INTA Roundtable event),…