Appeals Court Affirms Rejection of Gambling Claims Against Machine Zone
…Plaintiff argued that this violated Maryland’s gambling statute as well as the California penal code and also stated a claim under California’s UCL. The district court dismissed the claims. Plaintiff…
Constitution Protects Publication of Politicians’ Home Address/Phone Number–Publius v. Boyer-Vine
…home. California Gov’t Code Sec. 6254.21(c) allows politicians to “opt-out” of having their home contact information published via a notice-and-takedown scheme: No person, business, or association shall publicly post or…
A Seismic Ruling Revisited: No Common-Law Public Performance Rights in Pre-1972 Sound Recordings in New York–Flo & Eddie v. Sirius
…recording “Happy Together”) had just achieved its first victory against Sirius XM Radio, in a federal district court in California, on the grounds that a California statute (Civil Code §…
2H 2016 Quick Links, Part 9 (Privacy/Security)
…home address and zip code, telephone number, e-mail address and (for those purchasing products online) credit card or checking account information including billing and shipping addresses and zip codes…. The…
Google Loses Two Section 230(c)(2) Rulings–Spy Phone v. Google and Darnaa v. Google
…on a motion to dismiss. * Android source code does not make Google the “information content provider” of all resulting apps because “providing neutral tools does not constitute ‘development.’” (blech)…
Anti-Robocall Statute Violates First Amendment–Gresham v. Rutledge
…Ark. Code Ann. 5-63-204. Plaintiff is a political consultant who engages in political communications, including using automated calls. Along with his entity (Conquest), he challenged the statutory restriction on the…
Why I’ve Paused My Blogging at Forbes
Four years ago, I joined Forbes’ “contributor” program, which lets independent authors publish/blog through Forbes’ network without editorial pre-review. Jonathan Glick at Re/Code called these programs “platishers”, a portmanteau of…
An Assessment of the Anthem Data Breach Litigation Rulings (Guest Blog Post)
…Act, Georgia Code Ann. § 33-39-14. Because a statutory prohibition against disclosure is not violated through merely negligent retention, the court dismissed with prejudice. California UCL The claims for unfair…
Competitive Keyword Advertising Lawsuit Will Go To A Jury–Edible Arrangements v. Provide Commerce
…coupons,” “edible arrangements promotional code,” “edible arrangements bouquet,” “edible arrangements flowers,” “cheap edible arrangements,” “edible arrangement discount,” and “incredible edible arrangements.” (The court doesn’t discuss broad matching, but Provide could…
A Tale of Two Spokeos
…Supreme Court advised, disclosure of an incorrect zip code is not a concrete Article III injury, then even less so is Hancock and White’s naked assertion that a zip code…