Internet Access Provider & Blocklist Publishers Denied 230(c)(2) Immunity for Anti-Spam Efforts
…noteworthy aspect of the ruling. Smith alleges that Comcast breached its privacy policy, but the court dismisses the contract claim because he doesn’t show any loss from the alleged breach….
Updates to the Outed Judge-Commenter’s Lawsuit Against the Plain Dealer — Saffold v. Plain Dealer
…commenter in breach of its privacy policy. A few updates: 1. Judge Saffold Removed: Judge Saffold was presiding over a serial murder case, and among other things, she was accused…
Interesting Database Scraping Case Survives Summary Judgment–Snap-On Business Solutions v. O’Neil
…how the unjust infringement claims were based on rights distinct from Snap-on’s rights as a copyright owner. Breach of Contract: Snap-on also asserted a claim for a breach of its…
Unmasked Judge/Commenter Sues Newspaper for $50mm — Saffold v. Plain Dealer
…that it guarantees anonymity. Second, claims for damages based on a breach of privacy policy are not very easy to make. Many recent cases rejected privacy policy-based claims for lack…
Craigslist Wins $1.3M Default Judgment Against Autoposting Facilitator — craigslist v. Naturemarket
…under (1) copyright; (2) DMCA; (3) the Computer Fraud and Abuse Act; (4) trademark; (5) breach of contract/terms of use. Defendants failed to contest the suit. The court granted default…
Google Gets Favorable ECJ Opinion, But Will It Prove to Be a Hollow Victory?
…eventually breach a shield wall. Google currently has to defend a wide array of battlegrounds, and a loss in any one of those venues could materially diminish its earning potential….
Google AdWords Contract Upheld Again, Causing a Venue Transfer in Flowbee v. Google
…Flowbee breached the mandatory venue clause by suing Google in Southern District of Texas. This is at least the second time Google has tried this type of contract breach claim…
Another Cautionary Tale of Joint Website Ownership–TEG v. Phelps [UPDATED]
…breached the fiduciary duty he owed to TEG, Inc. Returning these domain names to the control of TEG, Inc. is required to remedy Phelps’ breach of fiduciary duty. Accordingly, the…
Claims Brought by Express Scripts Data Breach Plaintiffs Rejected on Standing Grounds — Amburgy v. Express Scripts, Inc.
…Nov. 23, 2009 (E.D. Mo). Access a copy of the order at scribd here.) Consumer plaintiffs who have tried to bring claims arising out of data breaches have all pretty…
Web Host Can Terminate Customer for Abusive Call to Customer Support–Mehmet v. Add2Net
…the provider cited a user agreement provision banning customers from “abusing” any of the web host’s employees. The host took the position that the customer’s voicemail breached this clause, justifying…