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Episodes
- Slamming Wikipedia?s reliability not enough in immigration case
Wed, 03 Sep 2008 03:07:40 +0000
Badasa v. Mukasey, — F.3d —, 2008 WL 3981817 (8th Cir. Aug. 29, 2008) Illegal alien Badasa sought asylum in the United States. To establish her identity, she submitted to the Immigration Judge a “laissez-passer” issued by the Ethiopian government. Opposing the application for asylum, the Department of Homeland Security submitted a number of items, including [...] - Ninth Circuit: No personal jurisdiction over out of state eBay seller
Fri, 22 Aug 2008 21:31:02 +0000
Boschetto v. Hansing, — F.3d —, 2008 WL 3852676 (9th Cir. August 20, 2008) Hansing, a resident of Wisconsin, offered a 1964 Ford Galaxie for sale on eBay. Boschetto, a California resident, was the winning bidder, and sent Hansing $34,106. He also arranged to have the car shipped from Wisconsin to California. After Boschetto found that [...] - Sender of DMCA takedown notice should consider fair use
Thu, 21 Aug 2008 02:58:34 +0000
Lenz v. Universal Music Corp., No. 07-3783 (N.D. Cal. August 20, 2008). [Download the opinion] Hat tip to Joe Gratz for breaking this story. One of the things that a person sending a takedown notice under the Digital Millennium Copyright Act (DMCA) has to swear to is that he or she “has a good faith belief that [...] - Google doesn?t have to pay $50 billion to defamation plaintiff
Wed, 20 Aug 2008 23:54:39 +0000
Steele v. Mengelkoch, 2008 WL 2966529 (Minn.App. August 5, 2008). Pro se plaintiff Steele sued Google in Minnesota state court for $50 billion because Google indexed an article which Steele though defamed him. Google moved to dismiss the complaint for failure to state a claim and the lower court granted the motion. Steele sought review with [...] - Pop-ups don?t amount to unfair competition in Utah case
Wed, 20 Aug 2008 00:50:35 +0000
Nor do they give rise to tortious interference. Overstock.com, Inc. v. SmartBargains, Inc., — P.3d —-, 2008 WL 3835094 (Utah August 19, 2008) In 2004, Overstock.com sued its competitor SmartBargains in Utah state court for violations of the state’s anti-spyware statute [Utah Code sections 13-40-101 et seq.], unfair competition and tortious interference with prospective business relations. Overstock [...] - Listen to yours truly on This Week in Law
Mon, 28 Jul 2008 16:13:16 +0000
This Week in Law (TWiL) episode 16 is up, and it’s an interesting one. I was really happy to be part of a super deluxe panel comprised of host Denise Howell, Nicole Black, Marty Schwimmer and Ernie Svenson. We talked about a number of interesting topics like the DMCA anticircumvention provisions, ediscovery, Viacom [...] - CFAA requires intent to cause harm, not merely intent to transmit
Thu, 17 Jul 2008 19:51:59 +0000
Kalow & Springnut, LLP v. Commence Corporation, 2008 WL 2557506 (D.N.J. June 23, 2008) The federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §1030 et seq. creates civil liability for anyone who “knowingly causes the transmissions of a program, information, code, or command, and as a result of such conduct intentionally causes damage without authorization, [...] - He was a trademark owner, she was a competitor, he would take her to court over keyword advertising.
Wed, 16 Jul 2008 18:45:35 +0000
In a lawsuit filed recently, Plaintiff Rosetta Stone Ltd. claimed that Defendants Rocket Languages Ltd. et al. infringed Rosetta Stone?s trademarks and engaged in unfair competition. The Plaintiff provides foreign language educational software under the registered mark: Rosetta Stone, and is probably most famous for their clever ?farmboy supermodel? ads. Rosetta Stone claims that the Defendants [...] - Wouldn?t Privnote be better if it had a privacy policy?
Tue, 08 Jul 2008 15:03:06 +0000
Update (added 7/10): Privnote now has a Privacy Policy: https://privnote.com/privacy/ Last week ReadWriteWeb profiled Privnote, which provides a service that purportedly allows you to send messages that will self destruct upon being read by the recipient. Great for back channel communications or the transmission of other private or sensitive information. Intriguing, to say the least. So I [...] - Software distributor agreement violated New York?s Rule Against Perpetuities
Wed, 02 Jul 2008 05:01:18 +0000
McAllister Software Systems, Inc. v. Henry Schein, Inc., No. 06-0093, 2008 WL 922328 (E.D. Mo. April 2, 2008) This case came out about three months ago, and I should have blogged about it then but it slipped by. It’s a quirky holding, what with the Rule Against Perpetuities, so it’s worth going back to pick it [...]
