Free-to-Consumers Ad-Supported Website Isn’t Illegally Priced–Cammarata v. Bright Imperial
…Professions Code section 17043; (2) unlawfully using its videos as “loss leaders” in violation of Business and Professions Code section 17044; and (3) engaging in “unlawful, unfair, or fraudulent business…
Private Employers and Employee Facebook Gaffes [Revisited]
…“Employee Off-Duty Conduct.” It’s amazing how many of the statutes expressly cover tobacco products!) The California Labor Code protects employees from discipline or firing based on their “lawful conduct during…
The Next Digital Decade Book Launch and Event Recap
…threats to generativity and Lessig’s view that code as law leads to perfect regulation. They feel we’re at the cusp of a dark age of openness. Pasquale: Takes a “progressive”…
UMG Can’t Enforce “Not for Sale” Restrictions on Promo CDs — UMG v. Augusto
…downloaded.) Would it have mattered in this case if UMG provided a code where recipients can download promotional tracks (of course, after having agreed to online terms)? Here’s the current…
Court Rejects Constitutional Challenge to TCPA Based on Vagueness in “Prior Express Consent” Exception — Kramer v. Autobytel, Inc.
…messages from SMS code 77893, which was allegedly registered toB2Mobile. Kramer described the relationship between B2Mobile, Autobytel, and LeadClick, and the roles involved in text message advertising. There’s not a…
Ninth Circuit’s Mixed Opinion in Glider/WoW Bot Case — MDY Industries v. Blizzard
…through different world, hearing their sounds, viewing their structures, encountering their inhabitants and monsters, and encountering other players.” The court found no violation with respect to the source code or…
Get Ready for a Rush of Facebooking Activity by Judges in Ohio
…friend in the traditional sense of the word. The Ohio advisory opinion runs through the code of conduct for judges and notes that [u]pholding these required virtues may be challenging…
Web Host Denied 230 Defense When It Allegedly “Actively Contributes” to Website–Kruska v. Perverted Justice
…that “collusion” with third parties does not reduce the 230 eligibility. Typically, “collusion” is just a code word for exercising editorial discretion, which is squarely protected by 230. This post…
Anti-Bot Restrictions Aren’t Copyright Misuse–Oracle v. Rimini Street
…the claims, which goes almost nowhere. The court ends the negligent interference with prospective economic advantage but all of Oracle’s other challenged claims survive, including the CFAA, Cal. Penal Code…
October 2010 Quick Links
…pirate movie websites. * Did you know that California has a law (Educ. Code 66450-66452) prohibiting the commercialization of class notes from academic courses? It raises interesting First Amendment, copyright…