E-Commerce Law

#TWiL105 Live Stream Tomorrow

Tomorrow, I'll be appearing live on Episode 105 of This Week in Law.  The show streams at http://live.twit.tv/ from 2:00 p.m. to 3:15 p.m. ET and will be produced as a podcast thereafter.

The show is hosted by Denise Howell and Evan Brown.  (I last appeared on This Week in Law in September (Episode 78).)

This week, we'll be discussing some of these topics (as time permits):

• Amazon's Digital Music Locker;
• The RIAA's Demand for "More Money than Exists in the Entire World";
• Replacing Attorneys with Software;
• A Lawsuit that Could (But Definitely Won't) Destroy Facebook;
• IMs Modifying the Terms of a Written Contract; and
• Emerging Social Media Law Issues

I'll be tweeting during the live stream of the show (keep an eye on hashtags #TWiL and #TWiL105), so please make plans to watch and follow me on Twitter (@JonathanFrieden).

 

This Week in Law #105

On Friday, I'll be appearing on Episode 105 of This Week in Law.  The show streams live at http://live.twit.tv/ from 2:00 p.m. to 3:15 p.m. ET and will be produced as a podcast thereafter.

The show is hosted by Denise Howell and Evan Brown.  I last appeared on This Week in Law in September (Episode 78).

If you have a topic you'd like us to discuss, let me know in the comments section to this post.

 

Court Grants Facebook’s Motion to Transfer Venue in Patent Case

Pragmatus AV, LLC a company in the business of owning and managing its patent portfolio, brought a patent infringement suit in the Eastern District of Virginia against Facebook, LinkedIn, Photobucket and YouTube. Pragmatus AV, LLC v. Facebook, Inc., et al., 2011 WL 320952 (E.D.Va. Jan. 27, 2011). Pragmatus brought suit alleging that defendants’ video uploading and linking technology directly and indirectly infringes three patents owned by Pragmatus.   Defendants brought a joint motion for transfer of venue to the Northern District of California.  On January 27, 2011, the Honorable Judge Brinkema in the Eastern District of Virginia (“EDVA”) granted Defendants’ Joint Motion for Transfer of Venue, holding that the claims could have been brought in the Northern District of California, and the interests of justice and convenience of the of the parties justify transfer to that forum. 28 U.S.C. §1404(a).

Facebook Photos Properly Authenticated by Subject's Testimony

Facebook pictures of a Mother drinking and socializing were properly admitted into evidence according to the Court of Appeals of Kentucky in an appeal from a divorce and custody order.  LaLonde v. LaLonde, No. 2009-CA-002279-MR, 2011 WL 832465 (Ky. Ct. App. Feb. 25, 2011).  The Court held that the photos posted on the social networking site were properly authenticated by testimony of the Mother and thus, properly admitted into evidence.

E-Commerce Law Briefs: Week of March 14, 2011

A federal judge has decided that the Government is entitled to obtain the Twitter account data of certain Wikileaks associates.

The woman mistaken for Spitzer prostitute in Girls Gone Wild video was awarded $3 million.

Professor Goldman believes that Section 230 of the Communications Decency Act improves marketplace efficiency.

In an opinion issued last week, the U.S. District Court for the Northern District of Illinois refused to dismiss a lawsuit by a director of marketing at an interior design firm who said she was impersonated by her boss on Twitter.

Each weekend, E-Commerce Law Briefs provides a brief summary and commentary on recent legal news affecting e-commerce businesses.

Ninth Circuit Explores Likelihood of Confusion Involving Keyword Ads

BNA, Inc.'s Electronic Commerce & Law Report has published an article on the Ninth Circuit's recent decision in Network Automation, Inc. v. Advanced Computer Concepts, Inc.  For the article, I was asked to comment on the court's apparent shift away from a rigid application of the so-called "Internet trinity" in determining whether the Internet use of a trademark is likely confuse consumers in the relevant market.  I also discussed the Ninth Circuit's recognition of the growing sophistication of Internet shoppers (which is not surprising, given that 75% of the 240 million American Internet users use the Internet to shop for products or services).  You can read the full copy of the article here:  Ninth Circuit Explores Likelihood of Confusion Involving Keyword Ads, Adopts New Standard.

If you have any thoughts about the case, the article, or my comments, please let us know.  For additional commentary on the case, please see Eric Goldman's Technology & Marketing Law Blog and Rebecca Tushnet's 43(b) Blog.

E-Commerce Law Briefs: Week of March 7, 2011

Chrysler fired its social media representative after the representative used the f-word in a company Twitter post.  The full post read, "I find it ironic that Detroit is known as the #motorcity and yet no one here knows how to f---ing drive."

There's another Twitter virus making the rounds.

View is like Foursquare, but different.

Not surprisingly, you can be held accountable for what you say online . . . even if you say it anonymously.

At least one judge has used Facebook to research a party appearing before her.

Each weekend, E-Commerce Law Briefs provides a brief summary and commentary on recent legal news affecting e-commerce businesses.

Legal Implications of Social Networking

On Saturday morning, I appeared on Blueprint for Wealth to discuss some of the legal implications of social networking.  You can listen to the audio here.

Arizona Website Operator Subject to Jurisdiction in Kentucky

In a defamation suit filed against an interactive gossip website, the U.S. District Court for the Eastern District of Kentucky rejected the website's personal jurisdiction challenge and held that the Arizona website operator was property before the Kentucky court.  Jones v. Dirty World Entertainment Recordings, LLC, 2011 WL221836 (E.D. Ky. Jan. 21, 2011).  Applying familiar due process considerations, the Court held that because the alleged defamatory statements were directed at a Cincinnati high school teacher, the defendant had purposefully availed itself of doing business in nearby Kentucky.

E-Commerce Law Briefs: Week of February 28, 2011

A school superintendent has filed a lawsuit against a parent whose child attends school in the superindent's school district.  The superintendent seeks $225,000 in damages for comments the parent made on her Facebook page.

A Republican candidate for Congress has filed suit against Facebook for costing him the election.  "Majed Moughni finished fourth in the Republican primary in August in the 15th District, getting just 4 percent [of the vote]. In a 10-page, class-action suit in Wayne County Circuit Court, the Dearborn attorney blames Facebook [for removing his campaign page]."  Accordingly to Facebook, the page was removed for suspicious behavior.

A class action lawsuit alleges that Groupon deals expire too quickly (also here).

Amazon may soon collect sales tax.

70% of people think piracy is OK.

Courtney Love will pay $430,000 to settle defamation case resulting from her Twitter comments.