Balough
December 14, 2013
The Spamhaus Project waived its right to contest a default judgment concerning its designation of e360 Insight as a spammer. Based on the evidence, however, the trial court went too far in awarding e360 over $11 million in damages and entering an injunction restricting Spamhaus from designating e360 as a spammer in the future. The […]
Balough
December 14, 2013
A mean-spirited email send off commenting on a fired newspaper publisher was not libelous because it contained only opinions, not objectively verifiable facts. An Illinois appellate court affirmed the dismissal of a libel action brought by the former publisher of the Jerusalem Post. The newspaper publisher contended that the statements in an email from the […]
Balough
December 14, 2013
The estate of the late singer-songwriter James Brown may be feeling so good right now. An Illinois appellate court agreed that a website that displays pictures of the singer for licensing may violate Brown’s right of publicity because the stock images can be purchased by private and commercial users, not only the media. In addition, […]
Balough
December 14, 2013
Attorneys in New York will be able to advertise using pop-ups on other websites, a New York federal district court ruled. A total ban on pop-up advertising for lawyers on websites other than the firm’s own website violates the First Amendment because the state failed to show that regulation of pop-up advertising was any more […]
Balough
December 14, 2013
A publisher who worked with a hedge fund to write negative reports on Overstock.com may be sued for defamation. A California appellate court found that Overstock.com, Inc., alleged sufficient facts to overcome a motion to dismiss the complaint based upon California’s SLAPP (strategic lawsuits against public participation) statute. Overstock.com claims in its lawsuit that Gradient […]
Balough
December 14, 2013
Perfect 10 didn’t score a 10 in appealing its case against Google, but the search engine giant may be contibuting to copyright infringement, the court said. Perfect 10, Inc. markets and sells copyrighted images of nude models on its website. Its members pay a monthly fee to view the images. Google, Inc., through its search […]
Balough
December 14, 2013
A roommate matching website that gives users pull down menu options with prelisted preferences may be liable for violating the Fair Housing Act, the court of appeals for the Ninth Circuit has ruled. The court said because Roommates.com, operated by Roommate.com, LLC, provides menu options that include preferences for age, gender, and whether children will […]
Balough
December 14, 2013
As widely anticipated, a federal judge has found the 1998 Child Online Privacy Act (COPA) violates the First and Fifth Amendments of the Constitution. U.S. District Court Judge Lowell A. Reed Jr. found that the Act, which attempts to protect children from pornographic Internet sites by making it a crime for Web sites to allow […]
Balough
December 13, 2013
You won’t be downloading supercross racing events live from supercrosslive.com any time soon. A federal court in Dallas has enjoined the website from providing an audio webcast link to motorcycle racing events sponsored by Live Nation Motor Sports, Inc., formerly known as SFX Motor Sports, Inc. The court found that the link violates the U.S. […]
Balough
December 13, 2013
A person who republishes potentially libelous statements of another on the Internet is immune from being sued, the California Supreme Court has ruled. Under the Communications Decency Act of 1996 (CDA) Section 230, the court found that any Internet user who posts an article from another is protected from being sued unless the party injured […]
