Court Says Plaintiff Lacks Standing to Pursue Failure-to-Purge Claim Under the VPPA – Sterk v. Best Buy

November 30, 2012 · by

…services provided by Best Buy, but the court easily rejects these arguments. Plaintiffs also brought a breach of contract claim. The court says that claims based on older purchases were…

Lawsuit Over “Google Tags” Dismissed–Frezza v. Google

November 28, 2012 · by

…chance at more futility. I assume the plaintiffs will try again. The court’s specific discussions: Breach of Contract. This claim fails because the plaintiffs didn’t quote the written contract terms…

Court Kicks Data Breach Claim Against Valve – Grigsby v. Valve

November 20, 2012 · by

…Data Privacy Monitor: Data Breach Class Action against Popular Video Game Developer Dismissed for Failure to Plead Adequate Damages Related posts: Data Breach Claim Survives Based on Allegation of Misuse…

Intellectual Property on the Internet: A Brief Comparison of the Current Situation in Europe and the United States (Guest Blog Post)

November 12, 2012 · by

…as a breach of copyright, because, by definition, with this type of link it is not possible to dispel any confusion over the authorship of the content. In this sense,…

Email That Says “Done .. thanks!” Doesn’t Transfer Copyrights – MVP Entertainment v. Frost

November 10, 2012 · by

…into a movie. MVP sued, asserting a variety of claims, but principally a breach of contract claim. In MVP’s view, Wertheimer’s “done thanks” email created a binding contract. The court…

Data Breach Claim Survives Based on Allegation of Misuse of Personal Information — Burrows v. Purchasing Power

October 31, 2012 · by

…Data Security Law Journal: The Southern District of Florida Weighs in on Data Breach Lawsuits InsidePrivacy: Florida Data Security Claims Survive Motion to Dismiss Related posts: Sony Network Data Breach…

Overreaching Anti-Circumvention Claim Shut Down–DISH Network v. World Cable

October 30, 2012 · by

…conversion, unfair competition, and breach of contract. Smelling blood in the water, DISH also decided to go after World Cable under section 1201 of the Digital Millennium Copyright Act. By…

How Zappos’ User Agreement Failed In Court and Left Zappos Legally Naked (Forbes Cross-Post)

October 29, 2012 · by

…security breach affecting 24 million consumers. As typically happens in these situations, plaintiffs’ class action lawyers swarmed over Zappos for the breach, filing dozens of lawsuits. Zappos tried to send…

Class Action Against Path Over Cellphone Address Book Access Keeps Going — Hernandez v. Path

October 24, 2012 · by

…allows plaintiffs to rely on the costs of removing the tracking software and the diminished bandwidth. (Contrast this with the recent ruling in the Sony PSN data breach case: “…

Sony Network Data Breach Class Action Suffers Setback — In re Sony Gaming Networks

October 15, 2012 · by

…breach statute: Plaintiffs also brought claims under California’s newly enacted data breach statute [pdf]. This statute requires businesses to notify affected consumers of data breaches “in the most expedient time…