Q3 2011 Quick Links, Part 3
…service that enables too much sharing by default is engaged in unfair practices? If so, it will be taking quite an active role in telling software developers how to code,…
In Facebook’s Lawsuit Against Alleged Spammer, Court Denies MaxBounty’s Motion to Dismiss
…by inducing Facebook users to execute malicious computer code that cause[d] messages to be sent automatically to all of their Facebook ‘friends’.” Computer Fraud and Abuse Act claims: The court…
Web Vendor Dispute Gets Ugly–Ground Zero Museum v. Wilson
…of his authorization. The court rejects this claim, saying “using a password or security code to access a copyrighted work, even without authorization, does not constitute ‘circumvention’ under the DMCA”…
Second Circuit Says No First Sale Doctrine for Works Manufactured Outside the U.S. — Wiley & Sons v. Kirtsaeng
…to goods that are “legally made and sold in the United States.” Wiley argued in the Second Circuit that, because the Copyright Act (Chapter 17 of the US Code) did…
Another Lawsuit over Flash Cookies Fails — Bose v. Interclick
…or consent of the user…. “history sniffing” code, which [contains] a list of web page hyperlinks . . . [uses] the computer’s browser to determine whether the computer had previously…
Catching Up on 4 Months of Online Copyright Cases–Myxer, Hotfile, Megaupload, Flava Works, Zediva, Blue Nile, Perfect 10, Rojadirecta
…court shares this panicky observation: “In cases where a myVidster user bookmarks another user’s bookmark, the ‘source code’ will be a myVidster URL even though the original file of the…
Sixth Circuit: Email and Phone Advocacy Campaign Can Violate the Computer Fraud & Abuse Act — Pulte Homes v. LIUNA
…under the CFAA, one for unauthorized access which causes damage and the other for transmission of information, code, or a program which caused damage. Access claim: The CFAA creates a…
Bank ACH Fraud Victims Get Mixed Rulings — Experi-Metal v. Comerica Bank & Patco Constr. v. People’s United Bank
…of the Uniform Commercial Code allows the bank to get off the hook for unauthorized wire transfer orders if (1) the bank and customer agree to a security procedure for…
NebuAd Deep Packet Inspection Lawsuits Sputter — Deering v. CenturyTel & Green v. Cable One
…while they are surfing the web. This delivery of advertisements may be facilitated by the serving of ad tags outside the publisher’s existing HTML code. These advertisements will be based…
Ripoff Report Gets Another Big 47 USC 230 Win–Asia Economic Institute v. Xcentric
…for Section 230, the immunity wipes out a long list of claims: (3) unfair business practices under Cal. Bus. & Prof. Code § 17200 et seq.;(4) defamation; (5) defamation per…