April 23, 2020

The US Supreme Court has agreed to hear Van Buren v. United States. At issue in the case is whether the Computer Fraud and Abuse Act makes it is a federal crime for someone with permission to access a website for certain purposes to access that information for an impro...

December 12, 2017

Here's a nifty ruling by District Judge Otis Wright in the Central District of California.

The case is Mycoskie, LLC, et al v. Ebuys, Inc., et al (2:16-cv-03259-ODW (SK)). The judge's ruling granted defendant Genco Marketplace, Inc.'s motion for summary judgement.  Genc...

September 29, 2016

I recently reviewed the license documentation applicable to the React JavaScript library. The library provides a web user-interface function allowing views for HTML data. Facebook maintains the library as a project on Github, and it offers licensing documentation for t...

September 15, 2016

Share purchase agreements, technology license agreements, partnership agreements,  professional services agreements, and virtually all of the other agreements I draft in my practice include a forum selection clause. A section of an agreement that identifies the particu...

March 24, 2016

The recent ruling in Brett Long v. Provide Commerce, Inc. (2016) is remarkable in that it is the first California appellate opinion to robustly discuss the formation of electronic contracts under state law.  The court looked for guidance solely in the federal appeals c...

September 15, 2015

In a ruling that should interest lawyers who write online service terms, last month Judge Jon Tigar of the Northern District of California granted summary judgement to plaintiffs in a class-action breach of contract case brought against the Safeway supermarket chain. I...

February 18, 2015

In an order issued last week in Savetsky v. Pre-Paid Legal Services d/b/a LegalShield, District Judge Samuel Conti of the Northern District of California denied a defendant’s motion to compel arbitration. The court ruled that the arbitration clause found in the defenda...

January 27, 2015

A recent ruling in Mahlum v. Adobe Systems Incorporated in the Northern District of California should be of at least mild interest to lawyers who support internet service companies that offer services on a subscription basis.

Last week District Judge Lucy Koh dismissed...

August 26, 2014

Those interested in the validity  of electronically-formed contracts will take note of this week’s opinion by the Ninth Circuit Court of Appeals in Nguyen v. Barnes & Noble.  In the case, the court  found unenforceable the so-called “browse-wrap”  terms of service foun...

February 18, 2014

I recently assisted a North American client with an agreement for the purchase of more than 15,000 Internet addresses. The addresses are unused and valid on networks employing Internet Protocol version 4 (IPv4). They were originally assigned to the seller by a predeces...

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