I’m giving a talk later today on 47 USC 230 at Southwestern Law School. This talk allowed me to organize my thoughts on the state of the law. My slides.
By John Ottaviani Business Wire is reporting that Judge Richard Kramer of the San Francisco County Superior Court has denied a motion to dismiss certain of the allegations in a class action lawsuit filed last summer against Google, Yahoo! and…
Henk van Ess has been running a series of blog posts at Search Bistro about how Google uses international students to QA the relevancy of its search results. See, for example, his initial post including the advertising that Google ran…
I’m not really a fan of new TLDs. Mostly, I see them increasingly irrelevant, so they generate a fair amount of activity but little benefit. As a result, not surprisingly, I am not excited about a .xxx TLD. Indeed, not…
By John Ottaviani Although there was some confusion over Judge Patel’s May 11th ruling in the Napster investor litigation, her May 31 ruling leaves no doubt that the Section 106(3) distribution right is not infringed merely by maintaining an index…
I’m giving a talk at Law & Society Association’s annual meeting this Thursday in Las Vegas called “Trademark Adjacency.” A preview of my slides.
I’m a little late blogging on this, but the FAA has proposed regulations to prohibit billboards in space. Comments are due by July 18. Unfortunately, the news reports didn’t accurately capture the issue. Congress already outlawed “obtrusive space advertising” in…
By John Ottaviani Eric pointed out that I neglected to mention in my post yesterday this case is actually one of the few reported “E-SIGN” decisions. The district court had questioned whether or not an e-mail agreement to arbitrate satisfies…
Ben Edelman’s latest post discusses intermediary responsibility for adware. The post details how cash goes from advertisers to advertising representatives (“intermediaries”) to adware vendors to distributors. The Legal Liability Question This implicates an essential question: if someone commits an illegal…
By John Ottaviani Although the First Circuit’s May 23 opinion in Campbell v. General Dynamics Government Systems Corp. arises in the employment context, any company that engages in the practice of amending the terms of use, a privacy policy or…