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

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 court orders, and avoid dilatory tactics," the court wrote in its order. "Taking all of the above factors into account, a default is appropriate. The court finds that Wallace's noncompliance is due to willfulness, fault, or bad faith...Wallace has had every opportunity to avoid the sanction of default. (He) has never provided any explanation for his behavior to the court.'"

(Link:  MySpace wins suit against 'spam king' at CNET News)

A federal judge has rejected the RIAA's "making available" argument in its copyright infringement suit against a husband and wife.  "While the couple lacks legal representation, the Electronic Frontier Foundation said it filed an amicus brief on behalf of the couple . . . .  The EFF argued against the RIAA's "making available" position, saying in a statement that it 'amounts to suing someone for attempted distribution, something the Copyright Act has never recognized.'"

(Link:  Court rejects RIAA's 'making available' priacy argument at CNET News)

"Amazon.com has filed a lawsuit challenging New York State's new law forcing online retailers to collect sales tax on shipments to state residents."

(Link:  Amazon Sues Over State Law on Collection of Sales Tax at nytimes.com)

E-Commerce Law Briefs is a weekly feature appearing each Friday afternoon on E-Commerce Law. Each week, E-Commerce Law Briefs will provide a brief summary and commentary on recent legal news affecting e-commerce businesses.