Archive of all postings (in reverse chronological order):

• "Immunity" not accurate description for 47 USC 230 protection

• Internet marketer not fraudulent in predicting success of future advertising campaign

• Wired Magazine subscribers...

• Court finds CAPTCHA likely protectible under DMCA

• Court shuts down BoardFirst.com for violation of Web site terms of service

• Ninth Circuit rejects "disparagement of trademark" claim

• Third Circuit affirms Dimeo v. Max -- Section 230 immunity applies to forum board operator

• Scandal over use of Creative Commons photo on Flickr results in lawsuit

• ABA's Law Practice Today on Podcasting

• New source of business for litigators introduced at TechCrunch40

• Do ad blocking plugins cause copyright and terms of use problems?

• Remembering

• Don't make Christopher Knight the posterboy for copyright oppression

• Copyright infringement threshold set at 70%

• No recovery for credit monitoring costs after data breach

• SexSearch.com afforded Section 230 protection in a case with an unconventional plaintiff

• Viral on Veoh: Episode 35

• Open source license bars claim for copyright infringement

• Damages available under Computer Fraud and Abuse Act, even though no "interruption of service"

• TRO issued against domainer's use of "mylennar.com"

• "I'M" not like "i'm" in the trademark sense

• California court invalidates Alienware arbitration provision in online terms and conditions

• A look at the American Airlines v. Google suit

• First sale doctrine not a defense to tortious interference and civil conspiracy claims

• MySpace messages treated like e-mail under CAN-SPAM

• Looking for a suit coat that coordinates with pajama pants

• Court sides with the late James Brown in right of publicity case against Corbis

• Court upholds limitation of liability clause in Internet services agreement

• Internet Archive malfunction leads to interesting DMCA and infringement case

• Postings to newsgroup support exercise of personal jurisdiction

• New provisions in online terms of service of no effect without notice to customer

• Ooh la Fair Use

• Data privacy and third party Facebook applications

• Public policy concerns invalidate AOL forum selection clause

• More evidence needed for YouTube's DMCA defense

• Massachusetts can't prosecute posting of illegal web video

• The $64,000 question: should you ignore Ron Coleman's client?

• Viral: Episode 25

• Colorado federal court allows discovery of anonymous P2P defendants

• "Counterfeit orders" alleged to give rise to copyright infringement

• Back to basics on open source

• Catching the Redeye to vigilante website land

• No stay of action in PODFITNESS trademark case

• A look back at the Fair Housing Council v. Roommates.com decision

• Big, big news for Feedburner

• CAN-SPAM retrospective

• Viral on Veoh: Episode 21

• Facebook users -- join the Internet Cases Club

• Wonkette in, now out, of Steinbuch v. Cutler

• E.D.N.Y. holds purchase of competitor's trademark to trigger sponsored listing not trademark "use" under Lanham Act

• California appellate court affirms dismissal of defamation suit against stock blogger

• Service of process by e-mail allowed for foreign defendants

• Plain meaning, plain silliness under the DMCA anticircumvention provisions

• Zippo "sliding scale" approach to personal jurisdiction rejected

• A tiny dose of copyright on Viral

• Student's First Amendment rights violated in conviction over MySpace postings

• eBay auction not enough to confer personal jurisdiction

• Guest on Capture the Conversation podcast

• Josh Wolf freed from jail

• Appellate court lifts injunction against website owner in defamation case

• Ninth Circuit rules on Perfect 10 v. CCBill appeal

• Copyright infringement and DMCA claims subject to arbitration clause in software license

• Insightful Viacom v. YouTube analysis

• COPA held unconstitutional (yet again)

• Case against Internet Archive and Brewster Kahle proceeds in Colorado federal court

• Viacom sues YouTube

• Denial of injunction against blogger affirmed

• Internet Cases Podcast #26

• Materials from John Marshall presentation

• Internet Cases Podcast #25

• MySpace immune from liability in suit over assault of minor

• Viral on Veoh

• Web pages used as exhibits to court filing protected by fair use

• del.icio.us users: I'd like your help

• Great video about Web 2.0

• New Jersey gives nod to right of "informational privacy"

• New Podcast -- Rules for the Revolution

• Ninth circuit rejects efforts to liberate "orphan works"

• New Terms and Conditions for Internet Cases

• Sixteen-year-old girl criminally liable for child pornography

• Another court adopts the Cahill standard for unmasking anonymous online defendants

• Publication of photo on website not a "continuing violation" in right of publicity case

• Court shuts down unauthorized "e-Certificate" site

• Enthusiast website owner enjoined from streaming webcasts of racing events

• Employer immune under Section 230 in suit over employee conduct

• Big time blogger faces big time copyright suit

• Atkins diet website gets First Amendment protection from negligent misrepresentation claim

• Interesting Japanese file-sharing case

• Colette Vogele on Podcast 411

• Seventh Circuit: explicit video game law unconstitutional

• Terms of e-commerce agreement not part of previous franchise agreement

• Fourth Circuit issues important CAN-SPAM decision

• One week's time, two takes on Section 230 immunity

• Liability for linking?

• Trademark infringement analysis: the web is not just one channel of trade

• Open source withstands antitrust scrutiny

• Defamation suit against controversial church moves forward

• Court sides with record companies in dueling motions to dismiss

• Parties must use neutral forensics examiner in file-sharing case

• Government couldn't track location of cell phone without probable cause

• A review of the Rescuecom case: AdWords trademark infringement suit dismissed

• A review of the Target ADA case: California federal court denies motion to dismiss lawsuit over website accessibility

• Trademark dilution law about to change

• Michigan federal court exercises personal jurisdiction over out-of-state eBay seller

• Introducing Greg Smith, contributor to InternetCases.com

• Summary judgment denied in a case of creative typosquatting

• No reasonable expectation of privacy in files on work computer

• Evidence-destroying defendant severely sanctioned in P2P file-sharing case

• Federal court adopts Cahill standard for unmasking anonymous defendants

• An interesting application of Section 230 and a long arm statute

• Employee fired for claiming copyright in website can get unemployment benefits

• Suit over drop in search engine placement dismissed

• New law to criminalize trickery by adult website owners

• Eleventh Circuit almost lets Section 230 preempt right of publicity claim

• Sometimes "may" means "must"

• Chicago event: Internet/IP seminar with speech by Commissioner of Patents

• eBay not a "consumer reporting agency"

• Two must reads: one on net neutrality, the other on Section 230 and Wikipedia

• "Google" as trademark takes a step toward "genericide"

• Blogger does not have to disclose information obtained in investigation for story

• So now we all know this guy's ex-girlfriends don't like him

• Coming up on July 6 in Chicago: TECH cocktail

• Selling fake software on Amazon.com can get you five years in prison

• How will MySpace.com defend itself in the recent assault lawsuit?

• Macabre result avoided in mortician domain name case

• No COPA cause of action for DaVinci Code documentary

• A drop-down menu and a few sales create personal jurisdiction over nonresident website operator

• Are bloggers liable for defamatory third party comments to their posts?

• Stored Communications Act not violated by viewing website readily accessible to the general public

• Apple v. Does it mean anything?

• Court enjoins use of metatags in trademark infringement case

• Can Congress restrict minors' access to social networking websites?

• What's the story about the Maine blogger lawsuit?

• Second Life DoS attacks raise interesting damages issues under Computer Fraud and Abuse Act

• H&R Block can proceed with its suit over unauthorized access to customer data

• Court examines conversion claim in breach of EULA case

• A must read: The Podcasting Legal Guide

• Court slaps BitTorrent user with $35,000 default judgment

• Company had no standing to challenge discovery on behalf of anonymous defamers

• File sharers now have even more to fear

• Blog Law & Blogging for Lawyers Seminar

• Contrary ruling in sponsored link trademark case

• Court predicts Internet will overtake Yellow Pages as top advertising medium

• Buying competitor's trademark as AdWords not fair use; infringement case to head to trial

• Florida court issues pro-anonymity decision

• Does a government-funded website promoting evolution violate the Constitution?

• Secretary fired for accessing boss's private e-mail gets unemployment benefits

• Loading software onto a computer is a "transmission" under the Computer Fraud and Abuse Act

• Court okays unjust enrichment claim in content scraping case

• Defendant bails, "nail and mail" fails, so e-mail of summons prevails

• Accessing out-of-state server provides basis for personal jurisdiction

• InternetCases.com Podcast -- February 13, 2006

• Does FON have some legal hangups?

• No relief for prostitution website owner

• Google caching not copyright infringement

• Computer Fraud and Abuse Act protects independent security contractor

• Hefty award to Sony in action against seller of PlayStation 2 "mod chips"

• Communications Decency Act shields web host as "distributor" of defamatory content

• Court: Send spam to Washington state and you can be sued there

• Ten intriguing Internet cases from 2005

• LAWYERS.COM not entitled to trademark protection

• Kansas Supreme Court overturns conviction because hard drive was searched without valid warrant

• Mall owner uses Section 43(a) of Lanham Act to successfully challenge domain name registrations

• Decision provides guidance on registering a copyright for web pages

• Infringement action against eDonkey user will proceed toward trial

• Wikipedia and the courts

• Court dismisses antitrust suit over GPL

• Unauthorized use of username and password not a "circumvention" under DMCA

• Federal obscenity statutes held to be constitutional

• Seventh Circuit rules in BMG v. Gonzalez: downloading music via P2P is not fair use

• InternetCases.com Podcast -- December 7, 2005

• Government funds used to stream video of legislative proceedings support taxpayer standing in Establishment Clause action

• Pennsylvania court ensures that good deed goes unpunished

• No ACPA claim where only dispute was over payment of royalties

• Tennessee Supreme Court rules on "after-acquired evidence" of Internet misuse by employee

• Lawsuits against bloggers

• InternetCases.com Podcast -- November 29, 2005

• Discussion of Google Book Search at John Marshall Law School on November 29

• Eighth Circuit affirms conviction in Best Buy e-mail extortion case

• State consumer fraud action unavailable to nonresident website user

• InternetCases.com Podcast -- November 20, 2005

• InternetCases.com Podcast -- November 9, 2005

• Federal court permits service of process on Australian defendants by e-mail

• Peer-to-peer Litigation Summit planned for Chicago on November 3, 2005

• Court tosses author's suit against Amazon.com over negative book reviews

• Delaware decision defines standards for protecting anonymous Internet speech

• Legal blogging ethics in this month's ABA Journal

• Harriet Miers on the law and technology

• Add another word to the lexicon of non-defamatory terms: "dud"

• Florida appellate court issues ruling on electronic discovery

• Footnote to Councilman: no action for malicious prosecution

• Earthlink off the hook in phishing-alert case

• Ninth Circuit affirms $35 million judgment against semiconductor manufacturer

• WIPO Panel splits on descriptiveness of bocaresorts.com

• Personal e-mail sent by government employees at work protected from disclosure under Colorado Open Records Act

• Cell phone contract not unconscionable

• InternetCases.com Podcast -- September 2, 2005

• "Terms and Conditions of Sale" provided by hyperlink created binding contract

• Taking counsel from Councilman: E-mail message in transient electronic storage is an "electronic communication" under the ECPA

• Fallwell.com back in the hands of gripe site owner

• Data on school computers not automatically subject to inspection under Tennessee Public Records Act

• Case demonstrates court's reaction to glitches in electronic case filing

• InternetCases.com Podcast -- August 20, 2005

• No ex parte restraining order in American Girl typosquatting case

• Trademark on Supplemental Register no help in domain name proceeding

• No reasonable expectation of privacy in Internet subscriber information

• In the Land of the Midnight Semantics

• Court zaps ISP's request to prohibit TV network's use of CURRENT trademark

• Written opinion in GEICO v. Google issued

• Court allows false advertising suit over calling take-out pizza restaurant "fast-casual"

• Google and the reasonable person

• When the defendant is a domain name: the power of in rem proceedings under the ACPA

• Evidence of intentional copying of domain name gives rise to presumption of trademark distinctiveness

• Spam filters and storage limits okay under First Amendment

• InternetCases.com Podcast -- July 22, 2005

• Has Microsoft forgotten to file a trademark application for the name of its new operating system?

• Section 230 of Communications Decency Act shields websites from defamation liability

• Supreme Court nominee John Roberts and the law of the Internet

• If the CIA cares about the environment, it apparently doesn't want you to know about it

• School board email did not violate Sunshine Law

• Leaving a thin slice: CAN-SPAM does not completely preempt Washington state law

• InternetCases.com Podcast -- July 8, 2005

• Web content producer awarded hefty amount for unauthorized use of photographs

• Grokster overload

• InternetCases.com Podcast -- June 24, 2005

• Court rejects constitutional argument in Microsoft trade secret prosecution

• Pennsylvania court addresses authentication of instant messages

• Probation for Maryland man charged with "spamming by proxy"

• Even the courts know the Internet is the first place to turn for information

• What does it mean to "possess" an image file?

• Blawg Review #10

• InternetCases.com Podcast -- June 10, 2005

• Hotel reservation website gave rise to personal jurisdiction in California

• Controversy over law blogging in Kentucky

• InternetCases.com to host Blawg Review No. 10

• Accusations that former employee posted obscene material on website were not defamatory

• No spam with those potatoes: Idaho federal court tosses CAN-SPAM complaint

• The InternetCases.com Podcast is switching to a semimonthly format

• Escort's website relevant evidence for truthfulness

• Lost? Don't bother suing if your GPS fails.

• InternetCases.com Podcast -- May 27, 2005

• Presence of encryption software relevant evidence in criminal conviction

• Web content and domain names denied trade secret status

• Dastar case applied to dismiss suit against web developer

• FMLA policy on company intranet sufficient notice to employee

• InternetCases.com Podcast -- May 20, 2005

• No dog-gone jurisdiction over New Jersey resident

• InternetCases.com Podcast -- May 13, 2005

• Statements on law firm website result in attorney suspension

• Morgan Freeman wins transfer of morganfreeman.com from cybersquatter

• Microsoft website unreliable as a matter of law

• InternetCases.com Podcast -- April 29, 2005

• Wal-Mart on the domain name war path

• Listing in web directory not enough for personal jurisdiction

• Employer had legitimate reason to fire employees for violating company e-mail policy; court found no age-based discrimination

• InternetCases.com Podcast -- April 22, 2005

• Court upholds police radio hacker's conviction under Computer Fraud and Abuse Act

• Decision further exposes loophole in Electronic Communications Privacy Act

• InternetCases.com Podcast -- April 15, 2005

• E-mail to witness gets attorney's license suspended

• Deutsche Telekom victorious in not-so-egregious cybersquatting case

• Drug company can sue FDA for posting trade secrets online

• Court upholds admissibility of weblog evidence used to convict

• Password protection not enough to protect trade secrets

• InternetCases.com Podcast -- April 8, 2005

• Forum selection clause upheld in content scraping case

• Eighth Circuit upholds preliminary injunction against alleged cybersquatter

• Noncommercial use of BOSLEY MEDICAL trademark as domain name does not constitute infringement

• Web developer gave implied copyright license to clients; court awards summary judgment to defendants in infringement action

• Website not entitled to court finding that future uses of Eminem songs would be fair use

• New legal podcast - Patently-O's "Tipcast"

• Court rejects request for permission to serve process by e-mail

• InternetCases.com Podcast -- April 1, 2005

• American Blinds trademark suit against Google to proceed to trial

• New York tax ruling could discourage telecommuting

• Change in mail delivery policy moots prisoner's First Amendment complaint

• California Court of Appeal: "Dumb Ass" is not a defamatory term

• Internet research by juror no basis for mistrial in Kentucky court

• InternetCases.com Podcast -- March 25, 2005

• Court declines expanding reach of antitrust laws to cover DSL and telephone services

• Willful copyright infringement constitutes "purposeful direction" in personal jurisdiction analysis

• New legal podcast: IPtelligentsia Podcast

• Internet access during trial provides unfair advantage

• Time Warner ordered to identify sender of offensive e-mail

• InternetCases.com Podcast -- March 18, 2005

• NYJETS.COM for aircraft leasing doesn't fly with WIPO panel

• California court upholds medical board's authority to post physician disciplinary information

• Communications Decency Act provides shield from liability for posting critical e-mail

• Zippo test not applied to determine general personal jurisdiction

• InternetCases.com Podcast -- March 11, 2005

• Court tells ISPs they can't have their servers back

• E-mail gets country club member suspended

• Electronic scans of National Geographic were proper revisions under Tasini standard

• Decision gives guidance on domain names as trademarks

• InternetCases.com Podcast -- March 4, 2005

• Seventh Circuit issues first ever reported appellate decision under 1935 Indian Arts and Crafts Act

• Court orders truck driver to deliver domain name

• Federal Circuit overturns judgment in Eolas v. Microsoft web browser patent case

• Court wrongly took judicial notice of facts contained on government website

• Misappropriation of web development services not unfair competition

• Introducing the InternetCases.com Podcast

• Web developer was only "puffing" when it represented the quality of its services

• Application of "effects test" brings pool table manufacturer out from behind the personal jurisdiction 8-ball

• AOL does not get to choose where it can be sued

• Directing e-mail to residents of Texas gives rise to personal jurisdiction

• Possibility that witness recordings would be uploaded to Internet no justification for withholding from press

• Use of spyware doesn't pay in Florida divorce proceeding

• KERACARE trademark diluted by registration of domain name KeraCare.com

• Webmaster not a "publisher" of defamatory comments made by third parties in users' forum

• Minnesota Federal court declines to exercise personal jurisdiction over Winnipeg website operator

• No liability for Earthlink under the ECPA

• This is where it begins