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06/16

E-Commerce Law Briefs: Week of June 9, 2008

JonathanFrieden - member blog: E-Commerce Law created 3 months, 3 weeks ago

Finally, three of country's largest Internet service providers have agreed to block access to child pornography sites. The move was part of an agreement reached with the New York Attorney General. Google and Yahoo have reached an agreement by

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06/14

When breaking news breaks copyright

ericgoldman - member blog: Technology & Marketing Law Blog created 3 months, 3 weeks ago

Community blog Drudge Retort receives DMCA notices from the Associated Press for links, quotes. by Ethan Ackerman Rogers Cadenhead is a blogger. A prolific one in fact, with a personal blog and the role of editorial director at the commenter-drive

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06/09

Rights in Copies vs. Copyright

ericgoldman - member blog: Technology & Marketing Law Blog created 4 months ago

Prince's entanglement with Radiohead, YouTube, and a video bootlegger leads to much debate over just what's in copyright law and a YouTube nightmare scenario. By Ethan Ackerman Copyright bloggers were privileged to a few laughs recently when Prince

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06/09

E-Commerce Law Briefs: Week of June 2, 2008

JonathanFrieden - member blog: E-Commerce Law created 4 months ago

Privacy groups complain that Google's privacy policy is not posted "conspicuously" enough to comply with California law. "The California law in question requires commercial Web sites that collect personal information about their

tags: domain google internet security jeremy jaynes privacy spam virginia [edit]

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06/08

Vacation and Guest Bloggers

ericgoldman - member blog: Technology & Marketing Law Blog created 4 months ago

By Eric Goldman For the next two weeks, I will be enjoying a celebratory river-rafting trip on the Hulahula River in the Arctic National Wildlife Refuge. This is a supremely remote destination--it takes 4 airplanes to get there from the Bay Area (t

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06/06

E-Commerce Law Will Host the Independence Day Edition of Blawg Review

JonathanFrieden - member blog: E-Commerce Law created 4 months ago

We've hosted Blawg Review twice (Blawg Review #103 and Blawg Review #140) and enjoyed it so much that we asked to host this year's Independence Day edition, which will be posted on July 7, 2008. After considering a number of possible themes,

tags: blawg review independence day [edit]

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06/05

Keyword Metatags and Keyword-Triggered Ads Don't Create Initial Interest Confusion--Designer Skin v. S&L Vitamins

ericgoldman - member blog: Technology & Marketing Law Blog created 4 months ago

By Eric Goldman Designer Skin, LLC v. S & L Vitamins, Inc., 2008 WL 2116646 (D. Ariz. May 20, 2008) An Arizona district court has ruled that the surreptitious use of trademarks doesn't create a likelihood of initial interest confusion, granting sum

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06/04

Google Sued for Running Ads for "Fraudulent Mobile Subscription Services"--Goddard v. Google

ericgoldman - member blog: Technology & Marketing Law Blog created 4 months ago

By Eric Goldman Goddard v. Google, Inc., Case No. 108CV111658 (Cal. Super. Ct. complaint dated April 30, 2008). Google's notice of removal to federal court C08 02738 (N.D. Cal. removal notice dated May 30, 2008). [warning: 1.5MB file. Google's no

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06/03

May 2008 Quick Links, Part 2

ericgoldman - member blog: Technology & Marketing Law Blog created 4 months ago

By Eric Goldman Copyright * Google says it isn't settling the Viacom lawsuit (I don't believe it). * Interesting juxtaposition: (1) Chronicle of Higher Education: How It Does It: The RIAA Explains How It Catches Alleged Music Pirates and (2) Bus

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06/02

May 2008 Quick Links, Part 1 (Trademarks/Domain Names Edition)

ericgoldman - member blog: Technology & Marketing Law Blog created 4 months, 1 week ago

By Eric Goldman * Syncsort Inc. v. Innovative Routines Intern., Inc., 2008 WL 1925304 (D.N.J. April 30, 2008). Including a third party trademark in a keyword metatag qualified as nominative use. (Along the same lines, see the Designer Skin case th

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06/02

Copying Another's Website's Terms of Use Can Lead to Trouble

JonathanFrieden - member blog: E-Commerce Law created 4 months, 1 week ago

Public Knowledge has highlighted a number of instances (most notably, instances involving Twitter and Adobe) in which e-commerce companies have failed to undertake the analysis and thoughtful drafting required to develop customized Terms of Use and,

tags: adobe internet contracts terms of use twitter usage agreement [edit]

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06/01

E-Commerce Law Briefs: Week of May 26, 2008

JonathanFrieden - member blog: E-Commerce Law created 4 months, 1 week ago

Microsoft's new strategy for competing with Google includes attempting to close a search advertising deal with Yahoo and offering users cashback rewards. The "Live Search Cashback" service permits users of Microsoft's Live Search to p

tags: google identity theft internet security lendingtree microsoft search advertising yahoo [edit]

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05/28

Citysearch Sued for Click Fraud--Lambotte v. IAC

ericgoldman - member blog: Technology & Marketing Law Blog created 4 months, 1 week ago

By Eric Goldman Lambotte v. IAC/InterActiveCorp. (Cal. Superior Ct. complaint dated May 27, 2008) [warning: 1.9MB file] Ever since the Google and Yahoo click fraud settlements in 2006, it's been fairly quiet on the click fraud front. See my most r

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05/27

Connecticut Blogger Not Subject to Texas Jurisdiction--Healix Infusion v. Helix Health

ericgoldman - member blog: Technology & Marketing Law Blog created 4 months, 1 week ago

By Eric Goldman Healix Infusion Therapy, Inc. v. Helix Health, LLC, 2008 WL 1883546 (S.D. Tex. Apr 25, 2008) I've mentioned before that I try to avoid blogging about Internet jurisdictional cases, but occasionally an interesting jurisdictional cas

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05/27

Search Engine Advertiser Litigation Updates

ericgoldman - member blog: Technology & Marketing Law Blog created 4 months, 1 week ago

By Eric Goldman Recently, there were intermediate rulings in two long-standing cases by search engine advertisers against search engines. CLRB Hanson Industries, LLC v. Google Inc., 2008 WL 2079200 (N.D. Cal. May 14, 2008) This lawsuit involves th

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05/25

Happy Memorial Day

JonathanFrieden - member blog: E-Commerce Law created 4 months, 2 weeks ago

Due to the Memorial Day holiday, we won't be posting E-Commerce Law Briefs this week. E-Commerce Law Briefs will return on Friday, May 30, 2008.

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05/24

Lori Drew Prosecuted for CFAA Violations--Some Comments, and a Practice Pointer

ericgoldman - member blog: Technology & Marketing Law Blog created 4 months, 2 weeks ago

By Eric Goldman Before I get started, let me first say that my heart goes out to Megan Meier's family. They have suffered a devastating tragedy, and I cannot possibly fathom the pain they must feel. As a result, I feel a little awkward blogging on

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05/21

Keyword Law Talk at MLRC

ericgoldman - member blog: Technology & Marketing Law Blog created 4 months, 2 weeks ago

By Eric Goldman Last week I spoke at the Legal Frontiers in Digital Media conference at Stanford, organized by the Media Law Resource Center. The topic was online advertising, and I was allotted 10 minutes to recap the state of keyword advertising

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05/20

Zango Files Reply Brief in Zango v. Kaspersky

ericgoldman - member blog: Technology & Marketing Law Blog created 4 months, 2 weeks ago

By Eric Goldman Zango has filed its reply brief in Zango v. Kaspersky [warning: 3+ MB file]. Some points that caught my attention: * the brief starts out by quoting one of Kozinski's unfortunate rhetorical detours in Roommates.com that 230 wasn't

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05/19

Content Generation and the Law

ericgoldman - member blog: Technology & Marketing Law Blog created 4 months, 2 weeks ago

By Eric Goldman Last week I participated on a panel at the ION Game Conference in Seattle to discuss UGC in virtual worlds and online games. You can see a reasonably faithful transcript of the discussion here. Here's a recap of the main points I

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