In the Courts: Asis “No Mas”, P2P Privacy, Betcha.com Folds, Lexmark Offensive and MySpace Moms

 

IN JURIDICUS

ASIS DECLARES “NO MAS”
P2P PRIVACY, BETCHA.COM FOLDS
LEXMARK OFFENSIVE AND MYSPACE MOMS

Asis Declares “No Mas”, Calls It Quits

As reported previously, a court ordered Asis Internet Service (a spamigator that had brought more than 20 spam-oriented lawsuits) to pay over $800,000 in attorneys fees for bringing a CAN-SPAM action against Azoogle based on ” little more than speculation that there might be a connection between those emailsand Azoogle [and then] continued to litigate even as its discovery efforts turned up no evidence in support of its claims.” Now Asis has voluntarily dismissed their lat est action (against Subscriberbase) citing a “negative judgment in an unrelated case that threatens to place Asis in either bankruptcy or corporate dissolution.” While the judge granted Asis’ motion to dismiss its own claim, it allowed Subscriberbase 30 days to move for attorneys fees and costs.

More Info: Veteran spam suit plaintiff calls it quits, The Register

ISP Blocking and Throttling: RCN Settles, T-Mobile Sued

In light of the recent appeals court ruling that the FCC net neutrality principles were not enforceable, a federal court approved a settlement in a class action suit against RCN for throttling P2P traffic in which RCN merely agrees to give notice should it change its traffic management practices (i.e., resume throttling). On a related note, T-Mobile is being sued by a service provider that has been denied access to the T-Mobile network because one of its clients provides information on medical marijuana. More info: T-Mobile Accused Of Blocking Texts, Daily Online Examiner,RCN P2p Settlement: ISP Can throttle away starting November 1, Ars Technica

Court Finds P2P Users Have No Expectation of Privacy in Their Use Data

A Washington federal court found that peer-to-peer network users had no “cognizable claim of privacy in their subscriber information” since “they already have conveyed such information to their Internet Service Providers.” The ruling opens the door for an independent filmmakers’ to unmask thousands of Web users who allegedly downloaded movies from peer-to-peer networks. More Info: Judge Rules ISP Subscribers Have No Expectation Of Privacy, Allows Filmmakers To Unmask P2P File Sharers Online Media Daily

Washington Supreme Court Finds Betcha.com to be an Illegal Gambling Site According to its founder, Betcha.com was a “social networking site where people offered and accepted bet propositions. (Think Ebay meets Facebook in Las Vegas.) [That] charged people to offer and accept those propositions. The Site was honor-based: bettors could opt out of their losses (read: no gambling), but if they did they risked receiving negative feedbacks.”

While a lower court found the site to be permissible under the law, the Washington Supreme Court held that charging a fee for the service of facilitating the bets constituted bookmaking and was therefore prohibited under law. More Info: Welchers: State Supreme Court Overturns Ruling Allowing Online Gambling Site, Online Media Daily, Betcha.com Response,

Lexmark Launches Patent Offensive Against Replacement Cartridge Manufacturers

 Like its competitors Epson and Hewlett Packard, Lexmark has filed patent lawsuits against 24 companies importing replacement ink-cartridges. the actions were filed with the International Trade Commission, which if it finds in Lexmark’s favor, will enter an order barring the importation of the infringing goods.

More Info: Lexmark sues 24 cartridge makers over patents, Cnet News

Second Suit Over Flash Cookies Filed

We previously reported on the class action involving use of Flash Cookies filed against Quantcast, MTV, ESPN, MySpace, Hulu, ABC, NBC and Scribd.  The latest action has been filed against Irvine-based Specific Media.  The two complaints are linked below.

la court v specific media

valdez v quantcast

The Other MySpace Mom’s Conviction Upheld

Almost a year after a federal judge threw out the conviction of Lori Drew in connection with the Meghan Meier suicide, a California appeals court has upheld the conviction of another MySpace Mom- Danielle Heeter – for sending fake MySpace emails to herself in order to influence pending custody proceedings with her ex-husband. Heeter was given probation, but Jeanne Manunga was sentenced to a year in jail for sending fake threatening text messages to herself to frame her former boyfriend (who was arrested as a result).