Monthly Archives: October 2010

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California’s new “e-personation” law against online fake identities:  Penal Code Section 528.5

 Last month, Governor Schwarzenegger signed AB 1411, enacting new Penal Code Section 528.5, California's new anti-online impersonation law.   This statute prohibits knowingly and without consent credibly impersonating another person "through or on an Internet web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person."  For purposes of the [...]

By |October 20th, 2010|0 Comments

Website owners can’t rely on web terms and conditions without prominent display and clear manifestation of user asset: Cvent v. Eventbrite and website scraping

Event-planning website Cvent claimed that competitor Eventbrite stole its intellectual property by using "scraping" technology to duplicate information found on the Cvent site about hotels, restaurants, bars, and meeting venues in various cities and use that information on the Eventbrite site.  Most of the information was publicly available elsewhere, but by scraping the data from [...]

By |October 3rd, 2010|0 Comments

Even a large provider’s aggressive termination fees can be upheld in consumer contracts – Hutchinson v. Yahoo – AT&T early termination fees

The Ninth Circuit Court of Appeals recently gave business some more breathing room on the enforceability of aggressively-applied termination fees in Hutchinson v. Yahoo, where a couple challenged AT&T's $200 early termination fee on their telephone and high speed internet account, when they tried to stop their plan two weeks before it was up so [...]

By |October 1st, 2010|0 Comments