By Eric Goldman Somehow I missed this excellent memo by EFF on parental liability for kids’ infringement, particularly in the context of RIAA music file-sharing lawsuits. The memo discusses the boundaries of parents’ liability for contributory and vicarious infringement. The…
By Eric Goldman Hypertouch, Inc. v. Kennedy-Western University, No. 3:04-cv-05203-SI (N.D. Cal. Mar. 8, 2006) This is another in a series of CAN-SPAM lawsuits filed by Hypertouch, which apparently has entered the CAN-SPAM plaintiff business. I blogged on one of…
By Eric Goldman Today, the Wall Street Journal published an email debate between me and Ari Schwartz of the Center for Democracy and Technology about advertiser responsibility for adware. Regular blog readers know that this has been a hot button…
By Eric Goldman Advanced Internet Technologies v. Google, 2006 WL 889477 (N.D. Cal. Apr. 5, 2006) AIT is the lead plaintiff who replaced Click Defense in a click fraud class action lawsuit. Last month, Google announced a tentative settlement of…
By Eric Goldman Prickett v. infoUSA, Inc., 2006 WL 887431 (E.D. Tex. Mar. 30, 2006) infoUSA publishes a variety of factual databases, including a directory of businesses. Among other data collection techniques, infoUSA permits anyone to submit directory listings through…
By Eric Goldman Starting next academic year, I have accepted an appointment as an Assistant Professor and Director of the High Technology Law Institute at Santa Clara University School of Law. The school’s news release. I have posted more details…
By Eric Goldman My colleague Irene Calboli has posted “Expanding the Protection of Geographical Indications of Origin under TRIPS: Old Debate or New Opportunity?” to SSRN. This article does a good job recapping the different policy perspectives about GIs. The…
By Eric Goldman Merck & Co. v. Mediplan Health Consulting, 2006 WL 800756 (SDNY Mar. 30, 2006) About a week after Edina Realty v. TheMLSonline allowed a keyword purchase of a competitor’s trademark to go to trial, we got another…
By Eric Goldman Search engines ranking algorithms create winners and losers, and some people don’t like this system. Obviously the losers don’t like it (see the KinderStart v. Google lawsuit as an example). More importantly, commentators with normative views about…
By Eric Goldman Edina Realty, Inc. v. TheMLSonline.com, 2006 WL 737064 (D. Minn. Mar. 20, 2006) There have been many lawsuits involving keyword advertising, but in most of the reported decisions, the search engines were the defendants. There have been…