Licensing a Work, and When Licensing Doesn’t Work–Reuters v. GMU
…the Virginia-filed breach-of-contract case, noting that a George Mason University History professor developed an open-source Firefox extension called Zotero that worked with Thompson/Reuters’ EndNote software. Apparently the development involved some…
August 2008 Quick Links, Part 2
…as a validation of open source licenses, but I’m not sure what to make of this opinion. If the opinion merely says that breach of a copyright license can support…
The Sex Tape Problem…and a Possible Legislative Solution?
…privacy rights (such as public disclosure of private facts), anti-child porn laws, obscenity, ECPA/wiretapping, copyright infringement, breach of contract, intentional infliction of emotional distress, cyberbullying or cyber-harassment and extortion (if…
eBay Not Bound By Robinson-Patman Act–Windsor Auctions v. eBay
…the court rightly rejects the Robinson-Patman Act without leave to amend. However, the case isn’t entirely over, as the court left open a claim for breach of the implied covenant…
June 2008 Quick Links
…bogeyman, the unbeatable “superuser,” as a justification for expansive regulatory power. * No evidence that data breach disclosure laws actually help reduce identity theft. Surprised? * The FTC wants civil…
Citysearch Sued for Click Fraud–Lambotte v. IAC
…claim this failure constitutes breach of contract, negligence and 17200 unfair practices. The plaintiffs repeatedly hammer on the allegation that Citysearch compensates its salespeople based on the number of clicks…
Search Engine Advertiser Litigation Updates
…issued an important preliminary ruling that had three main holdings: 1) Google’s AdWords contract was a binding contract. 2) Much of the breach of contract claim was dismissed, but the…
Lori Drew Prosecuted for CFAA Violations–Some Comments, and a Practice Pointer
…their consent Allegedly, Lori Drew breached the user agreement by failing to follow these provisions; and by breaching the user agreement, she made an unauthorized criminal use of MySpace’s servers….
“Trademark Use in Commerce” Revisited
…can’t do this–at minimum, such a delivery is a breach of warranty and perhaps even a fraud. Trademark law does provide producers with a remedy (more on this in a…
School District Didn’t Violate First Amendment for Reassigning Teacher Who Blogged–Richerson v. Beckon
…breach of confidentiality, it was racist, sexist, and bordered on vulgar….[The] Hitler” and “mustache” remarks far exceeded normal standards of decency and no relevance to the issue of “public concern”…