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Leading Internet Case Law

Volume: 9 Issue: 4

The New York State Supreme Court issues a pre-action order requiring Google to disclose the identity of a blogger who had previously posted defamatory statements about a model on a blog entitled 'Skanks in NYC'. / read more

The Argentinean Court of First Instance holds that search engines Google and Yahoo! were not mere facilitators of third party content and that they had control over the information displayed in relation to search engine results. / read more

A US district court orders a single mother to pay $1.92 million in damages to record labels and to the Recording Industry Association of America for violating the Copyright Act by distributing 24 copyrighted songs on a peer-to-peer filesharing network. / read more

A US court of appeals holds that the federal CAN-SPAM Act pre-empts state legislation on electronic commercial messages except in the case when state law specifically prohibits fraud in such messages. / read more

A US court holds that there is no false endorsement where a plaintiff's identity is not associated with offending content. The court also holds that Yahoo! is not liable under the Communications Decency Act as it did not create or control the offending content. / read more

The District Court of Hamburg orders a file sharing company to desist from making music works publicly available on its website, following a claim of breach of intellectual property rights under the German Copyright Act. / read more

The European Court of Justice rules that the storing and printing of 11-word extracts from newspaper articles could constitute 'reproduction' under the European Copyright Directive. / read more

A federal jury in the US finds that two website hosting companies violated US copyright and trademark laws by selling products on third-party websites hosted by the defendants and awards a total of $31.5 million to the plaintiff. / read more

The England and Wales High Court rules that Google is a 'facilitator' of content and therefore cannot be held liable for defamatory statements of information - in relation to search returns - without having been notified beforehand of their existence. / read more

A US court determines that open emails held by an ISP are not in 'electronic storage' and the government could obtain such emails with a mere subpoena rather than a search warrant, within the meaning of the Stored Communications Act. / read more

The ongoing trademark infringement case brought by American Airlines against Yahoo! - to prevent American Airlines trademarks being used as keyword triggers - is reaching the end of its pre-discovery process. The trial is due to start in January 2010. / read more

About Leading Internet Case Law:

The bi-monthly case law publication providing expert analysis of key cases relating to the internet. Topics covered include intellectual property rights, copyright infringements, ISP liability, online advertising, distance selling regulations, privacy law, social networking, telecoms, and domain name disputes / read more

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