Geographic Trademark Leads to Interesting (& Tortured) Injunction–Skydive Arizona v. Quattrocchi
…Dist. LEXIS 1230, *7-8 (N.D.Ill. Jan. 22, 2002) (enjoining use of plaintiff’s trademark in internet links and keywords, and “in any other manner in connection with the internet that would…
Yahoo! Chat Logs Admitted Over Defendant’s Objections Based on Eavesdropping Statute — People v. Nakai
…Yahoo! chat logs were improperly admitted over his objection. Section 632 of the California Criminal Code prohibits the recordation of a “confidential communication . . . without the consent of…
Eighth Circuit: No Derivative Liability Under Iowa Spam Statute — Kramer v. Bartok
…Iowa Chapter Code 714E, which while the suit was pending was replaced with Iowa Chapter Code 716A (which looks fairly different, and does not contain the term “initiate”)), the Computer…
Kozinski and Goldfoot on Cyberspace Exceptionalism and Internet Regulation
…civil code has not hurt its development.” I agree that the Internet is doing wonderfully, but I would assign causality differently. Legislatures in the 1990s passed a number of Internet-favorable…
January 2010 Quick Links
…Minn. Jan 11, 2010) * BBC: France ponders a right-to-forget law. E-commerce * Appliance Zone, LLC v. NexTag Inc., No:4-09-cv-0089-SEB-WGH (S.D. Indiana Dec. 22, 2009). Upholding NextTag’s clickthrough-formed advertiser agreement….
Court Rejects Computer Fraud & Abuse Act Claim Based on Unsolicited Text Messages–Czech v. Wall Street on Demand
…a claim for obtaining information from her phone; (2) a claim for transmitting information or code through her phone; and (3) a claim for “accessing” her phone. Information Claim: The…
Google AdWords Litigation Keeps Rolling In–Parts Geek v. US Auto Parts
…honor code among geeks–thou shalt not harm other geeks. As you can imagine, then, I was a little sad to see geek-on-geek litigation like this one, where auto parts geeks…
Nursing Student’s Blog Post Doesn’t Support Expulsion–Yoder v. University of Louisville
…grounds that she violated two contracts: the student honor code and a confidentiality agreement. Given how damaging Yoder’s post was to the University’s nursing school (after reading it, I suspect…
Wikipedia and Rules Proliferation
…time. Personally, I’ve seen code expansion over and over again in the context of negative behavioral restrictions in user-to-user communities. A 2008 article by Brian Butler, Elisabeth Joyce and Jacqueline…
Web Developer Didn’t “Convert” Website–Conwell v. Gray Loon
…never actually delivers any code to the customer. 2) Was there an enforceable agreement to amend? The trial court said yes, and the Supreme Court saw no reason to override…