The GOOGLE Mark Isn’t Generic–Elliott v. Google (Forbes Cross-Post)

September 24, 2014 · by

…survey was poorly constructed and Google’s lawyers eviscerated the report in cross-examination and rebuttal. Meanwhile, Google introduced its own consumer survey showing 94% of consumers identified Google as a brand…

9th Circuit Creates Problematic “Failure To Warn” Exception to Section 230 Immunity–Doe 14 v. Internet Brands

September 23, 2014 · by

…Super-User’s Doxxing–Internet Brands v. Jape Another Section 230 Win For Ripoff Report–Torati v. Hodak Software Manufacturer Denied Section 230 Immunity–Hardin v. PDX Facebook Gets Easy Section 230 Win in DC…

California Tells Businesses: Stop Trying To Ban Consumer Reviews (Forbes Cross-Post)

September 15, 2014 · by

…deposit. Or other businesses, such as KlearGear, have filed negative credit reports against consumers who didn’t pay the fine. A consumer could challenge the security deposit deduction or negative credit…

Ninth Circuit Says Yelp Doesn’t Extort Businesses–Levitt v. Yelp (Forbes Cross-Post)

September 10, 2014 · by

…other consumer review websites who are regularly accused of engaging in extortion, such as Ripoff Report and PissedConsumer (see Ripoff Report’s win and PissedConsumer’s unsuccessful dismissal attempt). Consumer review websites…

Primer on European Union’s Right To Be Forgotten (Excerpt from My Internet Law Casebook) + Bonus Linkwrap

August 21, 2014 · by

…If They Could” * 26 Questions EU Regulators Want Google to Answer. Google’s answers. * UK Parliament’s report on the law. * Wikipedia pages censored in European search results *…

2014 Internet Law Casebook and Syllabus Now Available

August 6, 2014 · by

…added two short papers. The first asks students to analyze an Internet law incident from the field–either from their personal experiences or from a news report. I’m hoping this exercise…

Q2 2014 Quick Links, Part 2 (Consumer Reviews, Defamation & More)

July 25, 2014 · by

…(Google Canada had already removed the search result) * O’Kroley v. Fastcase Inc., 2014 WL 2881526 (M.D. Tenn. June 25, 2014). Judge adopted the magistrate report, especially in light of…

Another Section 230 Win For Ripoff Report–Torati v. Hodak

June 23, 2014 · by

…add Ripoff Report and Ed Magedson as defendants. The court quickly shuts down this request. The court first lays the foundation that Ripoff Report isn’t liable for user posts: all…

[Ad] New Publication Announcement: Data Protection Law Reporter

June 2, 2014 · by

[Eric’s introductory note: I’m running this post as a paid ad for a new publication called the Data Protection Law Reporter. This is the first time I’ve run a paid…

Don’t Roll The Dice On Defamation Suits Against Gripe Sites, Especially In California–Ocean’s Eleven v. Anders

May 21, 2014 · by

…Hold That Anti-SLAPP Laws Protect Consumer Reviews * Another Court Finds Online Statements With Links Are Not Defamatory – Seldon v. Compass Restaurant * Ripoff Report and Topix Postings Protected…