Facebook Persistent Tracking Lawsuit Crashes Again
This is a lawsuit based on Facebook’s tracking of users while they are logged out. The code for a “like” button implemented by third parties apparently causes the browser of…
Amazon Doesn’t “Sell” Its Marketplace Goods–Milo & Gabby v. Amazon
…Commercial Code provisions (dealing with consignment sales and the right to return certain goods bought primarily for resale) demonstrate that someone can be a seller even without taking title. The…
To Geoblock, or Not To Geoblock – Is That Still a Question? (Guest Blog Post)
…developed, such as a website’s language version, payment currency, shipping terms, country code of its customer service phone number, and/or the website’s top-level domain? Advancements in geolocation and geoblocking technologies…
Catching Up On Some Recent Click Fraud Rulings
…to Plaintiff’s website, servers, and computers. However, Plaintiff fails to allege this information in its complaint.” The Cal. Penal Code 502 claim fails for the same reason. CFAA 1030(a)(5): the…
Appeals Court Affirms Rejection of Gambling Claims Against Machine Zone
…Plaintiff argued that this violated Maryland’s gambling statute as well as the California penal code and also stated a claim under California’s UCL. The district court dismissed the claims. Plaintiff…
Constitution Protects Publication of Politicians’ Home Address/Phone Number–Publius v. Boyer-Vine
…home. California Gov’t Code Sec. 6254.21(c) allows politicians to “opt-out” of having their home contact information published via a notice-and-takedown scheme: No person, business, or association shall publicly post or…
A Seismic Ruling Revisited: No Common-Law Public Performance Rights in Pre-1972 Sound Recordings in New York–Flo & Eddie v. Sirius
…recording “Happy Together”) had just achieved its first victory against Sirius XM Radio, in a federal district court in California, on the grounds that a California statute (Civil Code §…
2H 2016 Quick Links, Part 9 (Privacy/Security)
…home address and zip code, telephone number, e-mail address and (for those purchasing products online) credit card or checking account information including billing and shipping addresses and zip codes…. The…
Google Loses Two Section 230(c)(2) Rulings–Spy Phone v. Google and Darnaa v. Google
…on a motion to dismiss. * Android source code does not make Google the “information content provider” of all resulting apps because “providing neutral tools does not constitute ‘development.’” (blech)…
Anti-Robocall Statute Violates First Amendment–Gresham v. Rutledge
…Ark. Code Ann. 5-63-204. Plaintiff is a political consultant who engages in political communications, including using automated calls. Along with his entity (Conquest), he challenged the statutory restriction on the…