KEYTLaw

USA Today:  “By the time police in Suffolk, Va., got to the scene of a large street fight on the afternoon of Dec. 14, there wasn’t much to see.  Those involved in the fight had scattered, and witnesses were not talking, police spokeswoman Debbie George said.  Days later, George said, investigators got a [...]

The Digital Media Lawyer Blog:  “While some courts are willing to enforce click-wrap or browse-wrap agreements that a consumer may have never read, a Federal judge in the Southern District of Florida drew the line at enforcing an agreement that a consumer never received.  The case is Williams v. MetroPCS Wireless, Inc., S.D. [...]

The Digital Media Lawyer Blog:  “The dominant understanding among U.S. Circuit Courts is that the Communications Decency Act is an immunity statute that protects an ISP from any kind of civil suit for publishing information from a third party.  Among the Circuits that have adopted this position are the 1st, 3rd, 4th, and [...]

Law.com:  “Plaintiff sues your client, claiming that his injuries have significantly affected his lifestyle. He is unable to work, travel or bowl. Not surprisingly, his spouse alleges loss of consortium. On the eve of trial, you discover pictures and other details on a social networking website about plaintiff’s recent trip to the International [...]

E-Commerce Law:  “In Jensen v. Modern Aero, Inc., 2010 WL 88229 (Minn. App. Jan. 12, 2010), the Court of Appeals of Minnesota held that a defendant’s website, which lauded defendant’s  ‘worldwide; expertise,’ listed a toll-free telephone number for defendant, and provided an electronic form for customers to contact the defendant, was insufficient to [...]

Technology & Marketing Law Blog by Eric Goldman:  “Miller makes the Adobe Flash videogame ‘Boomshine.’ He alleges that defendant Yeo published a Facebook app, ChainRxn, that violates Miller’s ‘look and feel’ copyright in Boomshine. In addition to suing Yeo, Miller sued Facebook for its role in providing access to the app.  See Wendy [...]

Technology & Marketing Law Blog by Eric Goldman:  “FragranceNet.com, Inc. v. FragranceX.com, Inc. . . . was one of several in New York that, following the Rescuecom v. Google district court ruling, held that buying a competitor’s trademarks as keywords did not constitute a trademark use in commerce. As a result, the court [...]

The Digital Media Lawyer Blog:  “The Internet world has long been abuzz about the Federal Communication Commission’s (FCC) proposed new rules for net neutrality.  The proposed rules, which were issued on October 22, 2009, would prohibit ISPs from discriminating against ‘lawful’ content, applications and service, subject to the needs of ‘reasonable network management.’  [...]

Internet Cases:  “Someone accessing the Internet using an AT&T IP address hacked into Conde Nast’s computer system and acquired and published copies of editorial content and the images that were to be in the December 2009 issue of GQ. Those images were later published anonymously on a blog hosted by Google’s Blogger service.  [...]

Technology & Marketing Law Blog by Eric Goldman:  “United States v. Beatty, 2009 WL 5220643 (W.D. Pa. Dec. 31, 2009).  This is a child porn prosecution.  Using Phex P2P software, an undercover investigator accessed the Gnutella network and conducted searches using search terms known to be used by child pornographers. The investigator identified [...]

Electronic Frontier Foundation:  “Over the holidays, a New Jersey court issued an order requiring upstream providers to shut down three anti-H1-B websites that is deeply dangerous and wrong. The order not only tries to remove allegedly defamatory messages but also requires a complete shutdown of the websites and even purports to require the [...]

Technology & Marketing Law Blog by Eric Goldman:  “I thought it would be fun to take a close look at how 47 USC 230 fared in 2009. . . . Of the 22 calendar year 2009 cases, I would classify 14 of them (63%) as easy defense wins, frequently on a 12(b)(6) motion to dismiss [...]