Recap of Stanford E-Commerce Conference Panel on Takedown Notices
…LinkedIn.] David Gingras, Ripoff Report (ROR). He has represented Ripoff Report since 2005 and litigated more CDA cases than just about anyone. [He also represents Nik Richie and thedirty.com. FWIW,…
Employee Can’t Be Fired When His Login Credentials Are Used on Shared Computer to Access Porn — DOH v. Litten
…offenses allegedly occurred. (The court footnotes to the State’s policy, noting that employees have “no reasonable expectation of privacy” while using state-provided computers.) Relying on the report, which contained search…
Some 47 USC 230 Cases From the Past Year You Might Have Missed (Because I Didn’t Blog Them)
…Ltd., 2013 WL 308996 (D. Nev. January 25, 2013). Stevo Design publishes sports betting reports. SBR runs a Costa Rica-based message board on sports betting, and it appears users republished…
H1 2013 Quick Links, Part 3 (Social Media and Content Regulation)
…client had posted on consumer websites. * Jacobs v. Seay: A revenge porn victim sues her ex-boyfriend. * Forbes: Love It Or Hate It, Ripoff Report Is In Expansion Mode….
Facebook Posting of Criminal Trial’s Witness List Isn’t a “True Threat”–US v. Amaya
…the disproportionately high meth sentences produced by the sentencing guidelines. I’m going to focus only on one part of it. The presentencing report recommended a 2 level sentencing enhancement for…
CAN-SPAM Violations For Private WHOIS Information and Putting Disclosures in Remotely Served Images – ZooBuh v. Better Broadcasting
…(attached, inline, or remotely). Remotely hosted messages are not part of the email body, but link to images that are hosted elsewhere. Citing to security concerns (a US-CERT report on…
Judge’s Facebook Friendship With Victim’s Parent Does not Taint Proceeding — Youkers v. Texas
…of whether merely being Facebook friends is sufficient to show bias, the court says no. Citing to a recent ABA Standing Committee report, the court says that judges are not…
Why You’ll Soon Be Paying Sales Taxes on All of Your Internet Purchases–Amazon v. NY Taxation Department (Forbes Cross-Post)
…where the retailer lacks a physical presence. In those situations, buyers are required to self-report and pay a use tax; however, few buyers make these payments, so state tax revenues…
First Sale Doctrine Doesn’t Allow Resale of Digital Songs – Capitol Records v. ReDigi
…court also cites to a 2001 report from the Copyright Office on the DMCA Act that rejected application of first sale to digital works. Derivative Liability: The final issue was…
Ex-Lover Can Use Non-Disparagement Provision to Suppress Revenge Porn–Walls v. Klein
…the relationship between Klein and [his religious institution] by intentionally, knowingly, or recklessly making anonymous false complaints and reports to governmental, private, and religious regulatory agencies; . . . and…