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Recent Posts from MassLawBlog.com

• “STOP PUTTING CLAUSES INTO YOUR CONTRACTS THAT SAY YOU CAN AMEND THE CONTRACT AT ANY TIME IN YOUR SOLE DISCRETION BY POSTING THE REVISED TERMS TO THE WEBSITE” . . .

  … says Professor Eric Goldman, in his apologetically belated comments on Harris v. Blockbuster Inc., (N.D. Tex. April 15, 2009).  I discussed this case briefly in April, shortly after the decision was published.  To reprise, the…

• Google’s Antitrust “Charm Offensive” and Consumer Watchdog.Org’s Response

  Surely, Google doesn’t want to go through what so many dominant companies in the U.S. have had to suffer - government antitrust scrutiny, in the form of merger/joint venture challenges and even, God forbid, a…

• “No, You May Not Buy a Judge,” Supreme Court Rules, and the Dissent’s “40 Questions”

  “Turn it over, and turn it over, for all is therein.” The Babylonian Talmud, Tractate Aboth, Ch. V, Mishnah 22 (I. Epstein ed. 1935), quoted in Justice Scalia’s dissent in Caperton v. A.T. Massey Coal…

• Aiding and Abetting Prostitution? Wa?! I’m an Internet Executive - I Sure Hope My Mom Doesn’t Read That!

  “We opened an investigation at 5:01 on Friday, as promised. . . . We are preparing for a prosecution. We are investigating. We are moving forward. . . . . The #1 defendant is Mr.…

• Antitrust, Followed by Anti-Anitrust Followed by ….

  All of the news articles I’m seeing about how aggressive the newly appointed antitrust enforcers may be puts me in a mind to reminisce. When I graduated law school in 1979 I went off to…

• File Under “Hell Hath No Fury” or, “If You’re Protected By CDA 230, Don’t Waive Your Protection”

  Cicilia Barnes’ choice in men was worthy of a Darwin Award. After she broke up with her boyfriend, he created fake personal ads for her on Yahoo and impersonated her on online forums. As the…

• What Happens When California and Massachusetts Law on the Enforceability of Non-Compete Agreements Clash in Massachusetts Superior Court? Read on ….

  David Donatelli was an EMC Executive VP. He left EMC, and went to work for Hewlett Packard in California. EMC filed suit to enforce Donatelli’s one year non-compete agreement. Donatelli argued that the Massachusetts court…

• Boston Bar Association CLE: Hot Issues in Internet Law, CDA Section 230

  We had a great CLE at the BBA on Wednesday evening. The lucky folks who attended received three hours of (almost) nonstop legal info, and we barely scratched the surface of the topics. I spoke…

• Charlie Nesson on Second Life

  Now that Prof. Charlie Nesson has grabbed a lot of attention with his defense in the RIAA v. Tenenbaum case, it may be worth recalling this video, which was posted on YouTube in August 2006.

• Judge Gants Holds StubHub Not Protected by CDA Section 230 (relying on Roommates.com Decision)

  On January 26, 2009, in what may have been Judge Ralph Gants’ last opinion before departing Suffolk Superior Court for the Supreme Judicial Court on January 29, 2009, Judge Gants ruled on a number of…