Copyright Doe Defendant Can’t Quash Disclosure Subpoena Anonymously—Hard Drive Productions v. Does (Guest Blog Post)
…monitoring P2P File Sharing Networks, University of Washington Technical Report, UW-CSE-08-06-01, and because a number of ISPs use dynamic IP addresses (where an IP address is rotated between several users)…
Attempted Trademark Workaround to 47 USC 230 Immunity Fails Badly—Ascentive v. PissedConsumer [Catch-Up Post]
…v. Ripoff Report. Separately (and not relying on 230), the court tosses the RICO claim because the plaintiffs didn’t show that PissedConsumer engaged in commercial bribery or extortion. On these…
Did a Court Eliminate 512(h) Subpoenas?–Maximized Living v. Google
…by David Gingras [Eric’s introduction: Many of you already know David Gingras due to his positions as General Counsel for Ripoff Report and litigation counsel for thedirty.com. While drafting this…
I’m Not a Fan of this Craptastic Trademark Lawsuit–Fancaster v. Comcast
…surveys when websites are involved. JUST FOR LAW PROFESSOR READERS: Our colleague Greg Lastowka (a longtime friend) gets toasted by the judge for his expert report, which the judge repeatedly…
Nov.-Dec. 2011 Quick Links, Part 1
…was too premature. Rebecca’s coverage. * News report that, per 47 USC 230, Worcester Telegram & Gazette wasn’t liable for user-posted comments to one of its stories. Naturally, the plaintiff…
Ripoff Report May Be “Appalling,” But It Still Gets 47 USC 230 Immunity–Giordano v. Romeo
By Eric Goldman Giordano v. Romeo, 2011 WL 6782933 (Fla. App. Ct. Dec. 28, 2011). [Disclosure note: I joined an amicus brief in support of Ripoff Report’s position, written by…
Academic Literature Recap, Q4 2011
…on mistake of age defenses. * the policy implications of this report cut in both directions. Pro-regulation: the only way to keep kids off Facebook is to do mandatory age…
Facebook “Sponsored Stories” Publicity Rights Lawsuit Survives Motion to Dismiss–Fraley v. Facebook
…I want to make a commercial recommendation to my friends–something I do occasionally–I just share it directly in my status report. That way, I control the message I deliver to…
“Economics of Privacy” Conference Recap
…reads Sorrell to say that many privacy laws are subject to heightened scrutiny. Ex: the FCRA says CRAs can’t report credit data more than 7 years old. This limits speech…
The OPEN Act: Significantly Flawed But More Salvageable Than SOPA/PROTECT-IP
…they were conflating different parts of the statute in ways that prevented productive discussion. (Just two examples: the Colbert Report, where Zittrain mostly focused on SOPA’s felony streaming provision while…