Copyright and Tattoos: Hangover II Injunction Denied, But the Copyright Owner Got Some Good News Too–Whitmill v. Warner Bros. (Guest Blog Post)
…report!] Whitmill v. Warner Bros. Entertainment Inc., 4:11-cv-00752 (E.D. Mo.). The complaint. This morning, at the US District Court for the Eastern District of Missouri, Chief Judge Catherine D. Perry…
Another Ruling that the Americans with Disabilities Act Doesn’t Apply to Websites–Ouellette v. Viacom
By Eric Goldman Ouellette v. Viacom: The magistrate report: 2011 WL 1882780 (D. Mont. March 31, 2011). The judge’s approval of the magistrate’s report: 2011 WL 1883190 (D. Mont. May…
47 USC 230 and Message Board Cases
…opportunity to research cases where 47 USC 230 applied to message board postings. Here’s a report on what I learned: In general, 47 U.S.C. § 230 means that websites are…
Two Recent Social Media Defendants Avoid Personal Jurisdiction
…Get Disadvantageous Jurisdictional Appellate Rulings in Defamation Cases (June 2010) * Ripoff Report Sues Blogger, Loses on Jurisdictional Grounds–Xcentric Ventures v. Bird (February 2010) * Defamation Lawsuit Against Blogger Dismissed…
California’s Reader Privacy Act: A First Step in a New Direction (Guest Blog Post)
…people’s reading habits is far greater when they read digital materials than with traditional printed media. The ACLU’s 2010 report on digital books provides a nice summary of what information…
Department of Commerce Releases Worthless Report on Trademark Bullying
…said, a WORTHLESS report. If the report authors had even a modicum of inspiration, there are so many recommendations the report could have fruitfully explored, such as: * as I…
Yelp Beats “Implied Extortion”/”Pay-to-Play” Lawsuit in Round #1–Levitt v. Yelp
…also advanced the implied extortion claim as a 230 workaround) or the multitudinous Ripoff Report cases, many of which have addressed the 230/extortion interface. [I have several other 47 USC…
Photo Hosting Site Gets DMCA 512 Safe Harbor–Wolk v. Photobucket
…find infringing activity on Photobucket’s site and report it to them through DMCA-compliant notices. She contends that this will be difficult and labor intensive. However, the purpose of her motion…
47 USC 230 Retrospective Conference Recap
…down problematic content (he then made a not-so-subtle dig at Ripoff Report). He gave a nod to Judge Wilkinson. The Zeran decision was breathtaking in its scope when it didn’t…
Intelius May be Liable for Deceptive Online Marketing Practices Based on Third Party Transaction at Checkout — Keithly v. Intelius
…trial, [the consumer] will be billed $19.95 per month.” Family Safety Report Plaintiffs: The court similarly finds that the Family Service Report transactions could be deceptive. After the consumer bought…