Another Defense-Favorable Righthaven Ruling–Righthaven v. Choudhry
…under Perfect 10 v. Amazon) and via an automated process that lacked volition. The court rejects Choudhry’s motions for judgment on the pleadings and summary judgment on those points, saying…
Online Booksellers Get 47 USC 230 Immunity for Publisher-Supplied Marketing Collateral–Parisi v. Sinclair
…being an easy 230 case, the court delineates two 47 USC 230 boundaries. First, it refuses to embrace the Perfect 10 v. ccBill conclusion that 230 preempts state IP claims,…
Web Host May Be Liable for Removing Only 1 of 3 Websites Operated by Its Customer–Hermeris v. Brandenburg
…discussed. (For other recent examples, see Rosen v. Hosting Services and Perfect 10 v. RapidShare). It’s not 100% clear why 512(c) didn’t come up. The defendant seeking dismissal, theplanet.com, appears…
Top 5 Cyberlaw Developments of 2010, Plus a 2010 Year-in-Review
…litigation. From my perspective, quiet is good! The biggest defense win of the year: Milgram v. Orbitz. The biggest plaintiff win of the year: Swift v. Zynga. * Perfect 10…
Ad Networks Ordered to Drop Allegedly Infringing Site–Elsevier v. eNom
…rejected as sufficient for liability in Perfect 10 v. Visa, which concluded that even if the payment system stopped the flow of money, it would not automatically stop the website…
SEO/Web Design Consultant Faces Contributory Trademark Liability for “Copycat” E-Commerce Site–Roger Cleveland Golf v. Price
By Eric Goldman Roger Cleveland Golf Co. v. Price, 2010 WL 5019260 (D. S.C. Dec. 3, 2010). [Note: the case captioning is probably wrong. Apparently, it should have been Roger…
Ad Networks Can’t Get 47 USC 230 Defense on Motion to Dismiss–Swift v. Zynga
By Eric Goldman Swift v. Zynga Game Network, Inc., 2010 U.S. Dist. LEXIS 117355 (N.D. Cal. Nov. 3, 2010). Wendy Davis’ story on the complaint filing. I have repeatedly observed…
Software Vendor Trumps First Sale Doctrine via License–Vernor v. Autodesk
[Post by Venkat, with some comments from Eric below] Vernor v. Autodesk, Inc., Case No. 09-35969 (9th Cir. Sept. 10, 2010) [pdf]. The Ninth Circuit last week issued an opinion…
Google Protected by 17 USC 512(d) for Links to Infringing Content; Perfect 10’s Takedown Notices Were Mostly Insufficient
By Eric Goldman Perfect 10, Inc. v. Google, Inc., 2:04-cv-09484-AHM-SH (C.D. Cal. July 26, 2010) In 2007, the Ninth Circuit issued an important but befuddling ruling in Perfect 10 v….
Internet Law Syllabus and Reader for Fall 2010
…2010 so far. A preview of what might make the top 10 list at the end of the year: * Supreme Court cases that weren’t: Bilski, Quon * Trademark intermediary…