Anti-Bot Restrictions Aren’t Copyright Misuse–Oracle v. Rimini Street
…the claims, which goes almost nowhere. The court ends the negligent interference with prospective economic advantage but all of Oracle’s other challenged claims survive, including the CFAA, Cal. Penal Code…
October 2010 Quick Links
…pirate movie websites. * Did you know that California has a law (Educ. Code 66450-66452) prohibiting the commercialization of class notes from academic courses? It raises interesting First Amendment, copyright…
Class Action for Misleading Pop-up Ads Against McAfee Survives Motion to Dismiss — Ferrington v. McAfee
…California’s version of the Uniform Commercial Code, which defines “general intangibles” to include software and which exclude computer programs from the definition of “goods.” The court noted the mixed authority…
Washington Anti-Online Gambling Law Survives Dormant Commerce Clause Challenge — Rousso v. State
…block the Washington users by refusing to register users with a Washington zip code. One of the reasons state lotteries and other “legal” forms of gambling have not proliferated on…
New York Court Dismisses Putative Class Action Brought Under California Spam Statute — Bank v. Hydra Group, LLC
…dollars) as the basis of subject matter jurisdiction. However, the statute he sued under had a cap of $1 million per “incident.” (Cal. Bus. & Prof. Code § 17529.5(b)(1)(B)(ii) (“A…
Anti-Scraping Lawsuit Largely Gutted–Cvent v. Eventbrite
…is a logical move; Venkat and I both have been tracking cases interpreting the analogous California Penal Code 502. The court, citing 4th Circuit jurisprudence, says the Copyright Act preempts…
Online Ticket Resellers Get Significant 47 USC 230 Win–Milgram v. Orbitz
…tickets easily because they are just a database code attached to the initial buyer, or (2) tickets are sold via auction. Personally, I hope we see more of #2 rather…
July-August 2010 Quick Links, Part 1
…Inc. v. Federal Ins. Co., 2010 WL 2869547 (8th Cir. July 23, 2010). Insurer had duty to defend ad network from claims that the network installed harmful code on users’…
Internet Rewards Program Class Action Survives Initial Motion to Dismiss — In re Easysaver Rewards
…Encore Marketing. Plaintiffs alleged that they were “unwittingly” enrolled in the program: Plaintiffs allege that Provide leads customers to believe they will receive a complimentary $15.00 gift code to use…
Facebook Friendship May Undermine University Disciplinary Board Decision — Furey v. Temple Univ.
…was taken down and arrested by additional officers who arrived on the scene. Furey was charged with a violation of Temple’s code of conduct. The panel adjudicating the charge consisted…