Defendant Not Entitled to “Delve Carte Blanche” Into Plaintiff’s Social Media...
Keller v. National Farmers Union Property & Cas. Co., 2013 WL 27731 (D. Mont. January 2, 2013) A federal court in Montana has held that a plaintiff in an insurance dispute was protected from having...
View ArticleCourt Decision Shows Why Copyright Assignments Should Be Precisely Worded
Capital Concepts, Inc. v. Mountain Corp., 2012 WL 6761880 (W.D. Va. December 30, 2012) The parties in a recent case engaged in expensive litigation they could have avoided if language governing...
View ArticleDoes the Stored Communications Act Protect an Email’s Subject Line From...
In other words, is the subject line considered “content” which the SCA says a service provider cannot disclose to a third party? Optiver Australia Pty. Ltd. & Anor. v. Tibra Trading Pty. Ltd. &...
View ArticleIllinois Court Protects Identity of Anonymous Online Speaker
Brompton Bldg., LLC v. Yelp!, Inc., 2013 WL 416185 (Ill.App. 1 Dist. January 31, 2013) The Appellate Court of Illinois has affirmed a trial court’s dismissal of the petition that an aggrieved real...
View ArticleCourt Ordered Criminal Defense Lawyer to Take Down YouTube Video of Client
People v. Fulmer, — N.E.2d —, 2013 IL App (4th) 120747, 2013 WL 662250 (Ill.App. 4 Dist. February 25, 2013) A criminal defense attorney believed that video the state’s attorney gave him prior to a...
View ArticleCourt Dismisses Deception Claim Against Consumer Review Website
Tort claim failed under state law where injury was not “separate and independent” from breach of contract claim. Fritzinger v. Angie’s List, Inc., 2013 WL 772864 (S.D.Ind. February 28, 2013) A user of...
View ArticleWhy You Should Register the Domain Name Before Publicly Announcing the...
Serenity Springs v. LaPorte County Convention and Visitors Bureau, 2013 WL 1560206 (Ind.App. April 15, 2013) Here’s a case that shows how with just a couple minutes’ effort and a only a few dollars,...
View ArticleCourt Refuses to Enter Injunction Requiring Tortious Content to be Taken Off...
Plaintiff obtained a jury verdict and almost $200,000 in damages over an article in a trade association publication that cast him in a false light. When the publication kept the offending article on...
View ArticleCourt Dismisses BitTorrent Defendants Wrongly Joined in Copyright...
A recent decision from a federal court in Missouri highlights some of the difficulties presented by mass copyright infringement litigation against BitTorrent users. The court held that the “joinder” of...
View ArticleDoes Linking to Content Infringe Copyright?
A recent federal court decision confirms that, without more, merely providing a link to copyrighted content is not direct infringement of the copyright in that content. Plaintiff sued defendants for...
View ArticleSometimes an EULA That Says it is the “Entire Agreement” is Not Really the...
Anyone involved with software licensing is familiar with the “integration clause” – usually a provision titled “Entire Agreement” toward the end of the document. Though such clauses purport to make...
View ArticleNew Jersey Court Says One Can Be Liable For Sending a Text That Causes an...
A New Jersey appellate court held that a girl was not liable for sending a text to her boyfriend seconds before the truck her boyfriend was driving crossed the center line and severely wounded a...
View ArticleCompetitor That Copied Website Design and Content May Be Liable For Infringement
It is a phenomenon that plagues businesses in every industry — the competitor that copies the company’s website. A federal court recently held that one such company accused of website copying may be...
View ArticleWiretap Act Exception Did Not Protect Google’s Collection of Street View...
The Ninth Circuit Court of Appeals has ruled against Google concerning the company’s collection of Wi-Fi information in connection with the development of its Street View service. Background Google...
View ArticleNinth Circuit Uses Anti-SLAPP Statute to Strike Appropriation of Likeness Claim
California has a statute (California Code of Civil Procedure §425.16) that allows a court to strike any cause of action brought against a defendant who was acting in furtherance of his or her...
View ArticleWhat the Google Book Search Fair Use Decision Means For Innovators
Earlier today the U.S. District Court for the Southern District of New York granted Google’s motion for summary judgment in the 8-year-running Google Book Search case. The court held that Google’s...
View ArticleEffective Work For Hire Arrangements in Technology Agreements Require...
A recent case underscores the importance of paying attention to the conditions set forth in a technology services agreement, and how those may affect the notion of a “work made for hire” under the...
View ArticleIn Software Dispute, Court Enforces Forum Selection Clause and Transfers Case...
Though parties often think of forum selection clauses as throwaway “boilerplate” language, a recent case demonstrates the influence such a clause can have on where litigation takes place. Plaintiff...
View ArticleIs the Supreme Court’s Aereo Decision a Setback for Cloud Innovation?
One of the big questions preceding the Supreme Court’s decision in the Aereo case earlier this week was whether a holding against Aereo would put cloud services into such a legally precarious position...
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