Internet & Computer Law Archives - Page 23 of 34

Tennessee Ruling Provides Clarity on Showing Needed to Uncover Identity of Anonymous Blogger in Defamation/Privacy Case

Digital Media Lawyer Blog: “A Tennessee trial court adopted a version of the ‘heavy’ Dendrite standard for permitting discovery of the identity of the anonymous poster of an allegedly defamatory blog. However, as interpreted by the trial court, this standard was not insuperable, and resulted in an order that the plaintiffs were entitled to discovery of the identity and personal information of the blogger.”

Facebook Wins $711 Million in Damages Against Spammer

MecuryNews.com: Bad news for spammers, but good news for most of us: Facebook won a lawsuit against spammer Sanford Wallace and damages of $711 million.

Court Gives Adware Maker WhenU Green Light

Cnet News: “A federal appeals court overturned a ruling against adware maker WhenU that held it violated the trademarks of vision specialist 1-800-Contacts in the sale and distribution of pop-up advertising. The ruling, delivered Monday by the 2nd U.S. Court of Appeals, reversed an earlier decision that confined WhenU from selling pop-ups triggered by 1-800-Contacts’ trademarks, in violation of the Lanham Act, the U.S. trademark act.”

We hold that, as a matter of law, WhenU does not ‘use’ 1-800’s trademarks within the meaning of the Lanham Act when it includes 1-800’s Web site address in an unpublished directory of terms that trigger delivery of WhenU’s (ads) to computer users,” according to the ruling.

Teens’ MySpace Photos Spur Punishment & Lawsuit

Arizona Republic: “Two sophomore girls have sued their school district after they were punished for posting sexually suggestive photos on MySpace during their summer vacation. The American Civil Liberties Union, in a federal lawsuit filed last week on behalf of the girls, argues that Churubusco High School violated the girls’ free speech rights when it banned them from extracurricular activities for a joke that didn’t involve the school. They say the district humiliated the girls by requiring them to apologize to an all-male coaches’ board and undergo counseling.”

A Website’s False Disclaimer that It Collects Personal Information from Children under Age 13 Can Lead to Doubled Penalties from the FTC

Digital Media Lawyer Blog: “The FTC’s recent settlement against soft goods marketer Iconix Brand Group, Inc. shows the hazards of trying to skirt the hassles of compliance with the Childrens’ Online Privacy Protection Act (COPPA). 15 U.S.C. §§ 6501-6506. If your website privacy policy disclaims an intent to collect information from kids and asks kids not to submit personal information on your site, but you have reason to know that these policies are being ignored, you may actually set yourself up for double penalties — for failure to comply with COPPA and for engaging in deceptive acts.”