Craigslist Wins Routine But Troubling Online Trespass to Chattels Ruling in 3Taps Case (Catch-up Post)
…things, violations of the Computer Fraud & Abuse Act (CFAA) and California’s computer crime law, CA Penal Code 502. In this ruling, the court denies 3Taps’ motion to dismiss. There…
Blasting Your Landlord Online? Pick Your Words Wisely (Forbes Cross-Post)
…more (units 1001, 902, 802, 801, 702, 701, 602, 502) in very short order. Notice how they cleared-out all the upper-floor units, so they could charge higher rents? They have…
Another Spam Litigation Factory Unravels –- Beyond Systems v. Kraft
…own hurt has no right to complain”. (Apparently traced back to Aristotle, Roman law, and Justinian’s code.) Citing to Judge Gould’s concurrence in Virtumundo, the court says the “undisputed facts…
2013 Internet Law Syllabus and Casebook Now Online
…RMG 170 VI. Trademarks and Domain Names Review: 15 USC §1114 [http://www.law.cornell.edu/uscode/text/15/1114], 15 USC §1125 [http://www.law.cornell.edu/uscode/text/15/1125] and 15 USC §8131 [http://www.law.cornell.edu/uscode/text/15/8131] Trademark FAQs 182 Trademark Glossary 184 A. Domain Names…
H1 2013 Quick Links, Part 4 (Miscellaneous)
By Eric Goldman and Jake McGowan CFAA/Trespass * My colleague Kyle Graham traces the early history of California Penal Code Sec. 502. * Andrew Sellars on the Aaron Schwartz prosecution…
Judge’s Facebook Friendship With Victim’s Parent Does not Taint Proceeding — Youkers v. Texas
…media is part of any modern day judicial campaign) and personally, judges must still abide by the applicable ethical rules. The court looks to the Texas Code of Judicial Conduct…
Misguided Catfishing Scheme Leads to Discipline of College Students — Zimmerman v. Ball State
…Ball State received a complaint from the roommate and charged plaintiffs with two violations of the Conduct Code: (1) first for creating a intimidating or hostile environment; and (2) for…
Designing Optimal Immunities and Safe Harbors (Forbes Cross-Post)
…compared to 47 USC 230), it has still provided enough legal certainty to help the UGC industry grow. * California Business & Professions Code (B&P) 16600, which voids non-compete clauses…
First Sale Doctrine Doesn’t Allow Resale of Digital Songs – Capitol Records v. ReDigi
…commerce. Here, ReDigi is not distributing such material items; rather it is distributing reproductions of the copyrighted code embedded in new material objects, namely, the ReDigi server in Arizona and…
The Supreme Court’s Kirtsaeng Ruling Is Good News for Consumers, but the First Sale Doctrine Is Still Doomed–Kirtsaeng v. John Wiley (Forbes Cross-Post)
…to say that such shrinkwrapped contracts are ineffective, but I consider that issue legally unresolved. Geographic Coding. Publishers can encode electronic media in geographic-specific technical formats. For example, DVDs currently…