Homeowners filed a breach of contract claim for defective flooring based on a paper contract, but the seller claims that the paper contract incorporated its website ToS including mandatory arbitration of disputes. Shannon & Eric Walker sued BuildDirect in Oklahoma federal court and alleged:
…that after they installed the flooring…
Continue Reading Do Internet Terms of Service (ToS) Apply to Paper Contracts?
A class action against Google claims that Google violated laws by scanning Gmail notwithstanding the Terms of Service that expressly allows Google to scan Gmail. The allegations in this class action includes the following:
…claim that the automated processing of email in Google’s Gmail service violates the Federal Wiretap Act…
Continue Reading Google Defends Scanning of Gmail for Advertising
Search warrants were rejected because they required “…each Provider to disclose all email communications in their entirety and all information about the account without restriction.” On August 27, 2013 US Magistrate Judge David J. Waxse denied the government’s request under the 1986 Stored Communication Act to require Google, GoDaddy, Verizon…
A court ruled that “the sender of a text message can potentially be liable if an accident is caused by texting, but only if the sender knew or had special reason to know that the recipient would view the text while driving and thus be distracted.” Although the New Jersey…
Continue Reading Sending Text Messages in New Jersey Creates Liability
Privacy groups oppose the current offer to settle a 2010 suit that “Google transmitted user search queries to third parties without knowledge or consent in order to enhance advertising revenue and profitability.” According to the 2010 complaint Google included:
The search terms can contain users’ real names, street addresses, phone…
Continue Reading Google’s $8.5 Million Proposed Settlement for Privacy Violations Opposed
Since an online aggregator intentionally circumvented blocking technology a Judge ruled that the aggregator’s copying Craigslist’s content violated the Computer Fraud and Abuse Act (CFAA). In Craigslist’s copyright infringement suit against 3Taps Computerworld reported that:
…3Taps admitted that it intentionally circumvented the blocking. But in a motion to dismiss the…
Continue Reading Craigslist Wins Right to Block Copying it Content
A court ruled that under Italian law wiki content is not the responsibility of the host, rather those 80,000 active monthly contributors to Wikipedia who create and post the content. On June 20, 2013, the Civil Court of Rome ruled against Cesare Previti (former Italian Minister of Defense during Silvio…
“If you need absolute anonymity, don’t use the Internet” is the recommendation of InfoWorld although many Internet users believe that they can obscure their Internet identity. InfoWorld gave the following 6 reasons why no “…service or product can claim to give you absolute privacy or anonymity”:
Reason No. …
Every legislative session is the death knell to thousands of trees to print more than 19 million pages based on a NY Constitutional requirement that requires that bills “shall have been printed and upon the desks of the members” for three days before a vote can be taken. Since few…
The Chief Justice of the Supreme Court recently commented that its biggest challenge is “constitutional protection is and apply it to new issues and new technology.” The Washington Post reported that Chief Justice John G. Roberts Jr. responded to a question at Rice University that:
I think that is going…
