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26 Sep 2016, 8:19 am
LeadClick sometimes identified fake news sites as destination pages for the banner ads when negotiating with media sellers by emailing the media seller a compressed version of an affiliate’s page or providing the web address for the destination page.LeadClick argued that it couldn’t be held liable under Section 5(a) of the FTCA because it didn’t create the deceptive content, and the content wasn’t attributable to it. [read post]
21 Sep 2016, 5:28 pm
A site such as Yelp or Amazon is, if anything, even more engaged in protected speech than a bookstore, and more like a magazine creator than just a magazine seller: It creates a coherent speech product—a Web page that aggregates readers’ comments—and distributes it to readers. [read post]
31 Aug 2016, 10:00 am
Eric Smith (Weber State), The PACT Act as Indicium of the Due Process Validity of the Marketplace Fairness Act, 19 Fla. [read post]
28 Aug 2016, 6:51 pm
(I use variants on an example of a student selling a finger-tip that will enable Eric Clapton to continue to give great pleasure to those, including the seller, who listen to his guitar playing.) [read post]
19 Aug 2016, 1:02 pm
A site such as Yelp or Amazon is, if anything, even more engaged in protected speech than a bookstore, and more like a magazine creator than just a magazine seller: It creates a coherent speech product—a Web page that aggregates readers’ comments—and distributes it to readers. [read post]
27 Jul 2016, 11:43 am
This is a lawsuit alleging that Priceline improperly failed to disclose “resort fees” in connection with its Name Your Own Price service. [read post]
30 Jun 2016, 8:46 am
.' Prime Minister Zhao Ziyang of China convened conferences to discuss 'The Third Wave' in the early 1980s, and in 1985 the book was the No. 2 best seller in China. [read post]
7 Jun 2016, 1:46 pm
It’s becoming troublingly common for sellers of online goods and services to use intellectual property law to prevent potentially dissatisfied customers from publishing criticism about them in online forums. [read post]
5 Jun 2016, 7:56 am
And as Thomas Catan tells us in the Wall Street Journal, Attorney General Eric Holder apologized to Google for the U.S. [read post]
20 May 2016, 2:03 pm
Lipton: eBay as a company has the ability to stand behind sellers. [read post]
22 Apr 2016, 1:55 am
Eric Smith (Weber State), The PACT Act as Indicium of the Due Process Validity of the Marketplace Fairness Act, 19 Fla. [read post]
5 Apr 2016, 10:00 pm
Eric LaFleur contends. [read post]
10 Mar 2016, 7:14 am
Eric’s comments: Two items to add to your “red flags” list of things that should not appear in contracts: Earnouts and the phrase “good faith. [read post]
19 Feb 2016, 11:07 am
Enter New York attorney general Eric Schneiderman. [read post]
16 Feb 2016, 6:00 am
But we need more state prosecutors focused on these types of crimes.While federal law has jurisdiction over illegal import cases, state law is best used to prosecute sellers of stolen cultural property. [read post]
7 Jan 2016, 1:51 pm
Eric’s Comment: The core issue in this case is whether an online service like Grindr qualifies as a “dating service” as defined in a statute written for a different era. [read post]
30 Dec 2015, 12:28 pm
In fact, here’s the “takeaway” of Eric’s post: We’ve had surprisingly few appellate decisions involving keyword advertising generally, and almost none involving trademark owners’ lawsuits against keyword advertisers (as opposed to suing keyword sellers like search engines). [read post]
26 Nov 2015, 7:06 pm
Via CIA – Application of the Critical-Path Method to Evaluate Insider Risks, Eric Shaw and Laura Sellers. [read post]
16 Nov 2015, 3:08 pm
In fact, here’s the “takeaway” of Eric’s post: We’ve had surprisingly few appellate decisions involving keyword advertising generally, and almost none involving trademark owners’ lawsuits against keyword advertisers (as opposed to suing keyword sellers like search engines). [read post]
