A lawyer had problem getting AOL software to work, then he trouble getting through to customer service.  So he sued AOL in small claims court in New York.  AOL tried to enforce a choice of forum clause in its ‘click-wrap’ agreement.  The judge declined to enforce the clause.  The lawyer claims that he indicated to AOL during the proceeding that if it would fix the problem, he would drop the suit.  AOL refused.  Via NY Law Journal. 

Front page article in today’s Wall Street Journal entitled “New Services Are Making It Easier To Hide Who Is Behind Web Sites” (paid sub required), describing the rise of domain proxy services to shield whois data.  I don’t think that proxy services are inherently evil – the services tend to cooperate with legitimate requests from third parties.  I think a larger problem is that ICANN’s enforcement mechanism against false whois data relies on voluntary compliance from registrars. 

 

Registrant of GATWICK.COM accuses BAA, operator of Gatwick Airport, of dirty tricks, and accuses of WIPO of bias in selecting UDRP panelists, via The Register.

The complex fact pattern (put forth by one side’s attorney) seems too complex to come to any sort of conclusion but I do have one reaction regarding the accusations of panelist bias.  That is: one does not establish a prima facie case that a UDRP panelist is biased because that panelist finds for the complainant more than for the respondent.  50% is a meaningful benchmark in coin tossing, not litigation. 

Survivor, the band (biggest hit – Eye of the Tiger), loses on summary judgment (upheld by 7th Circuit) against CBS, with regard to CD products for the SURVIVOR TV show.

Frank Sullivan v. CBS, No. 02-2058 (7th Circuit, Sept 24, 2004).

People who downloaded Survivor songs on iTunes also bought music by Kroskus, Ambrosia, ZZ Top and Tesla.

People who bought the soundtrack CD from the Survivor TV show on Amazon also bought the soundtrack from ER and Television’s Greatest Hits.

Dear Rolex:

If you are trying to get in touch with me today, please either fax, call, write or take out a magazine ad.  Do not, repeat do not email me.  Someone sent me 21 emails today offering me ‘genuine replica’ Rolex watches and they were all sent to the spambox.  If you sent me email with the word Rolex in it, it might not get to me (email from my bank and my credit card companies are already getting shunted regularly).

Marty

p.s. Too bad that, according to this article, the IETF has shelved a proposal to deal with spam.  Email is becoming unusable as a business tool.