http://www.digitalmedialawyerblog.com/ Published by David Johnson en-us 2010-03-10T14:47:11-08:00 http://www.digitalmedialawyerblog.com/2010/03/ftc_hammer_falls_on_lifelocks.html LifeLock has just agreed to a stipulated judgment under which it will pay the FTC and 35 State attorneys general $12 million to settle claims that its misrepresented the effectiveness of its consumer identity theft protection service. But the larger question is whether a method does exist that will protect consumers against identity theft. Privacy david 2010-03-10T14:47:11-08:00 http://www.digitalmedialawyerblog.com/2010/03/keller_v_electronic_arts_court.html How far can a video game designer go in patterning game characters after real life celebrities without violating their publicity rights? Read today's post for a case that found that Electronic Arts' NCAA Football game may have crossed the line. Privacy david 2010-03-09T12:38:07-08:00 http://www.digitalmedialawyerblog.com/2010/03/ive_moved_my_practice_to_epste_1.html Wondering why you haven't seen any posts from my blog in a while? The answer is that I've move my practice to the San Francisco office of Epstein, Beck & Green. david 2010-03-08T15:34:15-08:00 http://www.digitalmedialawyerblog.com/2010/02/zynga_v_does_dba_easy_chips_ca_1.html The standards imposed on plaintiffs seeking to uncover the identity of an anonymous Internet player vary greatly from court to court. Should these standards be uniform? david 2010-02-22T01:00:57-08:00 http://www.digitalmedialawyerblog.com/2010/02/catsouras_v_california_highway.html It is well-established that even a close relative may not recover for an invasion of privacy of another person. However, in a January 29, 2010 decision, the California Court of Appeal held that family members have a common law privacy right in the death images of a decedent. Did this opinion do away with old rule against "relational" privacy claims? Read today's post to find out. Privacy david 2010-02-16T01:21:58-08:00 http://www.digitalmedialawyerblog.com/2010/02/us_v_little_emerging_circuit_s.html In a decision in November 2009, the 9th Circuit held that a national standard should be applied in cases dealing with obscenity distributed over the Internet. In a February 2, 2010 opinion, the 11th Circuit rejected the 9th Circuit's approach, holding that a local community standard should be imposed in these cases. Read today's post to learn why. Internet decency and defamation david 2010-02-11T10:54:46-08:00 http://www.digitalmedialawyerblog.com/2010/02/layshock_and_js_the_3rd_circui_1.html In two opinions issued on February 4, 2010, on cases with virtually identical fact-patterns, the Third Circuit reached opposite conclusions on whether a school could discipline a student for creating a fake and defamatory MySpace profile about his/her school principal. Read today's post to learn the distinction that made the difference. Internet decency and defamation david 2010-02-09T11:40:51-08:00 http://www.digitalmedialawyerblog.com/2010/02/williams_v_metropcs_consumer_c.html Courts often uphold click-wrap and even browse-wrap agreements. However, in a recent case, a Florida judge drew the line at enforcing an agreement that a consumer may have never received or been directed to. Internet contracting david 2010-02-05T11:05:10-08:00 http://www.digitalmedialawyerblog.com/2010/02/the_ftcs_privacy_initiatives_p.html While the FTC is busy developing policies to further regulate Internet advertising, it may lack statutory authority to enact some of its more aggressive proposals. It is also unclear that that it has broad public support, as well. Could this mean that its current initiatives will go nowhere? david 2010-02-03T11:02:50-08:00 http://www.digitalmedialawyerblog.com/2010/01/third_education_group_v_phelps.html A recent case from the Eastern District of Wisconsin shows how difficult it can be to recover damages from the sender of a false DMCA notice. david 2010-01-27T01:00:47-08:00