March 2011 Quick Links, Part 1 (Special Copyright Edition)
…constitute a breach of the signing lawyer’s obligations under the applicable ethics rules. It will be interesting to see if this “mistake” leads to any discipline for the errant lawyers….
Important Ninth Circuit Ruling on Keyword Advertising, Plus Recaps of the Past 4 Months of Keyword Ad Decisions
…to remediate and thus its failure to do so is a contract breach. The court rejects this bypass. You can see why I love this opinion. It’s a long but…
Google Suffers Surprising Preliminary Loss in Keyword Advertising Case–Jurin v. Google
…to revisit its change with more precision. Failing that, it ultimately may be appropriate for an appeal. On the plus side, the court does finally dismiss the breach of contract…
Court Dismisses Class Action Against Spokeo for Lack of Standing — Robins v. Spokeo
…conclusion on standing can be contrasted with the Ninth Circuit’s recent conclusion in the Starbucks data breach case that employees affected by a data breach have standing based on “‘generalized…
Court: Husband’s Access of Wife’s Email to Obtain Information for Divorce Proceeding is not Outrageous
…breach of contract claim based on a breach of non-disclosures of the settlement agreement. The court finds that factual disputes preclude an award of summary judgment in either party’s favor….
Ex-Employees Awarded $4,000 for Email Snooping by Employer — Pure Power Boot Camp v. Warrior Fitness Boot Camp
[Post by Venkat Balasubramani] Pure Power Boot Camp, Inc. v. Warrior Fitness Boot Camp, LLC, 08-civ-4810 (S.D.N.Y.; Dec. 22, 2010) Email snooping and computer fraud statutes (Stored Communications Act; Computer…
Court Approves TD Ameritrade Data Breach Settlement — In re TD Ameritrade
…Internet Privacy” (paidContent/Joe Mullin) Earlier data breach posts: “Starbucks Data Breach Plaintiffs Rebuffed by Ninth Circuit — Krottner v. Starbucks” “Two More Courts Close the Doors on Data Breach Plaintiffs”…
Ninth Circuit’s Mixed Opinion in Glider/WoW Bot Case — MDY Industries v. Blizzard
…benefit from a statutory amendment saying that web browsing isn’t infringement. Treating a software license breach as sometimes creating copyright infringement and other times creating solely a breach of contract…
Starbucks Data Breach Plaintiffs Rebuffed by Ninth Circuit — Krottner v. Starbucks
…Gap” “The [Non]enforceability of Privacy Promises–Pinero v. Jackson Hewitt” “Acxiom Not Liable for Security Breach” “When Does a Privacy Policy Breach Support a Breach of Contract Claim? In re JetBlue”…
Anti-Bot Restrictions Aren’t Copyright Misuse–Oracle v. Rimini Street
…network systems and information databases to function properly”). The court rejected Rimini Street’s “we’re just a proxy of our customers” defense in upholding the contract breach inducement claim based on…