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

Mon, 16 Jun 2008 12:18:07 -0400

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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Tags: google, yahoo

When breaking news breaks copyright

Sat, 14 Jun 2008 23:17:36 -0400

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

Mon, 9 Jun 2008 13:53:26 -0400

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
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Tags: google, spam, internet security, privacy, domain, virginia, jeremy jaynes

Rights in Copies vs. Copyright

Mon, 9 Jun 2008 19:24:04 -0400

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

Fri, 6 Jun 2008 12:00:00 -0400

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,
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Vacation and Guest Bloggers

Sun, 8 Jun 2008 05:55:00 -0400

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

Thu, 5 Jun 2008 18:49:09 -0400

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

Wed, 4 Jun 2008 16:20:54 -0400

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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May 2008 Quick Links, Part 2

Tue, 3 Jun 2008 19:56:52 -0400

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

Mon, 2 Jun 2008 18:36:40 -0400

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

Mon, 2 Jun 2008 13:00:00 -0400

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,
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Tags: twitter, adobe, internet contracts, terms of use, usage agreement

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

Sun, 1 Jun 2008 14:40:06 -0400

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
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Tags: google, microsoft, yahoo, internet security, identity theft, search advertising, lendingtree

Citysearch Sued for Click Fraud--Lambotte v. IAC

Wed, 28 May 2008 21:40:07 -0400

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

Tue, 27 May 2008 18:57:19 -0400

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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Search Engine Advertiser Litigation Updates

Tue, 27 May 2008 04:57:19 -0400

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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Happy Memorial Day

Sun, 25 May 2008 00:58:15 -0400

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

Sat, 24 May 2008 01:49:29 -0400

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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E-Commerce Law Briefs: Week of May 12, 2008

Mon, 19 May 2008 13:20:34 -0400

We've changed the format for our weekly E-Commerce Law briefs. Feel free to let us know what you think about the change. eBay says that it is not considering forcing U.S. users to use PayPal, its online payment system. The company's PayP
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Tags: spam, myspace, ebay, riaa, file sharing

E-Commerce Law Briefs: Week of May 5, 2008

Mon, 12 May 2008 15:37:54 -0400

It looks like Microsoft won't be buying Yahoo afterall. (Link: Microsoft walks away from Yahoo deal at SilliconValley.com) The six major Hollywood movie studios have won a $111 million judgment against TorrentSpy.com. "The judgment
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Tags: microsoft, yahoo, hollywood, movie studios, torrentspy.com

E-Commerce Law Briefs: Week of April 28, 2008

Mon, 5 May 2008 00:18:10 -0400

MySpace has obtained a default judgment against "spam king" Sanford Wallace. Wallace had failed to respond to written discovery or sit for a deposition. "'It is...a defendant's responsibility to respond to discovery, obey c
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Tags: spam, myspace, amazon, copyright infringement, riaa, sales tax

Keyword Law Talk at MLRC

Wed, 21 May 2008 21:17:14 -0400

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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Zango Files Reply Brief in Zango v. Kaspersky

Tue, 20 May 2008 14:46:38 -0400

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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Content Generation and the Law

Mon, 19 May 2008 20:01:50 -0400

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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MySpace Gets 230 Win in Fifth Circuit--Doe v. MySpace

Sat, 17 May 2008 16:32:15 -0400

By Eric Goldman Doe v. MySpace Inc., 2008 WL 2068064 (5th Cir. May 16, 2008) 2008 has been a tough year for 47 USC 230. The immunization is still robust, but this year we've seen significant plaintiff opportunities created by the Roommates.com, M
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Lifestyle Lift v. RealSelf Settles

Tue, 13 May 2008 04:32:27 -0400

By Eric Goldman In early March, I blogged on Lifestyle Lift's trademark infringement lawsuit against RealSelf based on user criticisms of Lifestyle Lift. This lawsuit was noteworthy on at least two fronts. First, it was a prime example of a tradem
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Ripoff Report Responds re. Xcentric Ventures v. Village Voice

Fri, 9 May 2008 17:40:21 -0400

By Eric Goldman Last week I blogged about a lawsuit that some of the Ripoff Report folks brought against the Phoenix New Times and its reporter, Sarah Fenske, for defamation based on quotes attributed to attorney Christopher Sharp in an article publ
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Third Party Liability Presentation

Fri, 9 May 2008 00:49:26 -0400

By Eric Goldman Last week I spoke at the "Center for Creativity and Commerce Symposium: New Media, New Markets, New Rights" at Georgia State University in Atlanta. This event was sponsored by four different departments within GSU (law, business, co
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April 2008 Quick Links

Thu, 8 May 2008 04:52:04 -0400

By Eric Goldman Anti-Gaming * Even though Ticketmaster won its lawsuit, Minnesota overreacted to the Hannah Montana ticket crush by banning software to circumvent an online ticket allocation process. See Sec. 609.806. Check out the hyperbole in t
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CDT Files Amicus Brief in Zango v. Kaspersky

Wed, 7 May 2008 01:35:19 -0400

By Eric Goldman The Center for Democracy and Technology has authored a brief, for itself, anti-spyware vendors and other advocacy groups, in favor of Kaspersky in the Zango v. Kaspersky case. I thought this brief was a useful contribution to the di
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Spam Revisited: Virginia-style

Fri, 2 May 2008 23:26:28 -0400

The Virginia Supreme Court revisits its First Amendment holding in Jaynes. In what is likely a second stroke of luck for criminal spammer Jeremy Jaynes, the Virginia state Supreme Court recently granted a discretionary rehearing on the earlier 4-3 o
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Adware is Dead. Long Live Adware!

Thu, 1 May 2008 16:10:32 -0400

By Eric Goldman In late January, I attended the Anti-Spyware Coalition's Public Workshop entitled Spyware: What's Worked, What's Left, and What's Coming. I was on a panel entitled "Is Adware Dead?" with Alissa Cooper from CDT and Colin O'Malley fro
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Ripoff Report Folks Sue Newspaper and Reporter for Defamation--Xcentric Ventures v. Village Voice

Wed, 30 Apr 2008 18:53:10 -0400

By Eric Goldman Xcentric Ventures v. Village Voice Media, CV 2008-02416 (Ariz. Superior Ct. complaint filed Jan. 31, 2008). The case history. I've lost count of the number of times I've blogged on lawsuits involving Ed Magedson and related entitie
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Kaspersky Files Answering Brief in Zango v. Kaspersky

Wed, 30 Apr 2008 01:53:00 -0400

By Eric Goldman Continuing my coverage of the Zango v. Kaspersky litigation over 230(c)(2), Kaspersky has filed its answering brief (warning: 5MB file). If you want to save time, the actual argument starts on page 32 of the PDF. The case library:
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Wikipedia Ethics Event, May 15 at SCU

Wed, 30 Apr 2008 01:46:35 -0400

By Eric Goldman The High Tech Law Institute is cosponsoring (along with the Center for Science, Technology and Society and the Markkula Center for Applied Ethics) the following event: The World that Wikipedia Made: The Ethics and Values of Public K
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E-Commerce Law Briefs: Week of April 21, 2008

Fri, 25 Apr 2008 18:00:00 -0400

Apparantly, we're about to reach the end of the Internet. Accordingly to AT&T, the Internet's current network architecture will reach the limits of its capacity by 2010. (Link: AT&T: Internet to hit full capacity by 2010
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Tags: adsense, google, ebay, internet, domain names, craigslist, soviet union, ussr, keyword advertising

Defending a Criminal Case in a Cyber World

Wed, 23 Apr 2008 13:51:55 -0400

Last night, I had the pleasure of speaking at a dinner meeting of the Maryland Criminal Defense Attorneys Association (MCDAA). The topic was "Defending a Criminal Case in a Cyber World" and I promised the group I would post the outlin
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Federal Court Upholds YouTube Terms of Use

Sun, 20 Apr 2008 15:31:03 -0400

On April 15, 2008, the United States District Court for the Western District of Washington dismissed a lawsuit filed by a YouTube user in the wrong venue. In Bowen v. YouTube, Inc., 2008 WL 1757578 (W.D. Wash. 2008), the Court enforced YouTube'
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E-Commerce Law Briefs: Week of April 14, 2008

Fri, 18 Apr 2008 18:00:00 -0400

The New York state legislature has passed a law which will require online retailers to collect sales tax on items shipped to New York. The so-called "Amazon Tax" might lead other states to enact similar measures, though some lawmakers
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Tags: amazon, facebook, new york, blockbuster, internet tax, video privacy protection act

E-Commerce Law Briefs: Week of April 7, 2008

Fri, 11 Apr 2008 18:00:00 -0400

Early this week, stock market investors were emboldened by news of several potential corporate deals in the works. However, one of those potential deals is still very uncertain - Yahoo (YHOO) again rejected Microsoft's (MSFT) $44.6 billion bid
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Tags: microsoft, yahoo, internet, news corp., internet safety, world wide web, grid, cern

47 USC 230 Trifecta of Cases--Friendfinder, e360insight, iBrattleboro

Mon, 28 Apr 2008 18:27:44 -0400

By Eric Goldman 47 USC 230 cases have been coming at such a rapid clip that I've fallen behind. In this blog post, I'll catch up on three recent cases: Friendfinder Doe v. Friendfinder Network, Inc., 2008 WL 803947 (D.N.H. March 27, 2008) This
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Injunction Requires Negative Keywords in Future Adwords Campaigns

Sat, 26 Apr 2008 23:42:07 -0400

By Eric Goldman Orion Bancorp Inc. v. Orion Residential Finance LLC, 2008 WL 816794 (M.D. Fla. March 25, 2008). It looks like courts/lawyers are finally getting savvier about broad matching (see my previous blogging on the legal understanding of br
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Court Says Keyword Metatags Don't Matter--Standard Process v. Banks

Thu, 24 Apr 2008 21:49:03 -0400

By Eric Goldman Standard Process, Inc. v. Banks, 2008 WL 1805374 (E.D. Wis. April 18, 2008) SEOs and SEMs have known for years that most search engines ignore or give minimal acknowledgement of keyword metatags. Lawyers, on the other hand, have be
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Two Open Positions at the High Tech Law Institute, Santa Clara University

Thu, 24 Apr 2008 05:16:42 -0400

By Eric Goldman We're hiring! Please send interested candidates to the online job descriptions and application mechanism. _________ The High Tech Law Institute (HTLI) is the umbrella organization that sponsors and helps administer Santa Clara Un
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Online Advertising Conference Recap

Wed, 23 Apr 2008 17:06:22 -0400

By Eric Goldman Last Friday, the High Tech Law Institute and the Berkeley Center for Law & Technology co-sponsored the Law & Business of Online Advertising conference. We had first-rate panelists and an enthusiastic audience of over 100 attendees.
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March 2008 Quick Links, Part II

Tue, 22 Apr 2008 18:09:13 -0400

By Eric Goldman Copyright * A lot of action on whether “making available” a file in a P2P share directory is copyright infringement, including Elektra v. Barker and London-Sire v. Doe. Patry summarizes the action. * Ticketmaster L.L.C. v. R
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Still Standing? Catching Up on the Jaynes Case

Mon, 21 Apr 2008 17:44:37 -0400

By Ethan Ackerman Virginia's 1st-Amendment-deficient Spam law is still standing, but only because the Va. Supreme Court closely split over whether Jeremy Jaynes had standing to challenge it. A cynic could dismiss the most recent ruling in this fair
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March 2008 Quick Links, Part I

Mon, 21 Apr 2008 16:32:50 -0400

By Eric Goldman It's a sign of my busy March/April that I am just now postinng these... Reputation/47 USC 230 * I have a lot to say about the JuicyCampus story (AP, MSNBC, Chronicle of Higher Education). Unfortunately, I ran out of time to write
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Bay Area Blawgers 3.0, May 20, Berkeley

Mon, 21 Apr 2008 01:05:09 -0400

By Eric Goldman The High Tech Law Institute at Santa Clara University School of Law is pleased to sponsor Bay Area Blawgers 3.0, the third gathering of legal bloggers in the Bay Area and friends. This time we're thrilled to co-host the event with t
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"Trademark Use in Commerce" Revisited

Tue, 15 Apr 2008 06:35:21 -0400

By Eric Goldman You may recall my repeated discussion about the trademark use in commerce doctrine. A quick recap: the federal trademark infringement statute references the requirement that the defendant make a "use in commerce" of the plaintiff's
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Trademark Dilution Symposium Videos

Thu, 10 Apr 2008 14:23:42 -0400

By Eric Goldman It seems like only yesterday that the High Tech Law Institute sponsored the Trademark Dilution Symposium, but a quick look at the calendar reveals that it's been over 6 months. Wow, how time flies! Even at this late date, I think
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