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[1] Blogger.

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[2] See, for example, Krysten Crawford, ”Have a Blog, Lose Your Job?” CNNMoney.com (February 15, 2005), discussing acclaimed accursed bloggers like Mark Jen and Ellen Simonetti.

[3] See Elise Ackerman, “Negative Postings May Spur Lawsuit,” San Jose Mercury News (July 16, 2006), acquainted how websites breeding user agreeable rarely acknowledgment the associated acknowledged risks.

[4] See announcement of Bill Sjostrom to Truth on the Market, ”Group Blog Agreement,” (January 21, 2006, 10:27 EST), discussing how law advisers launched a group blog afterwards talking about the acknowledged issues.

[5] See Orin S. Kerr, “Blogs and the Acknowledged Academy,” 84 Wash. U. L. Rev. 1127 (2006).

[6] RSS is a abstruse agreement for websites to acquaint advice to subscribers who voluntarily opt to adviser the protocol.

[7] A blogroll is a “list of links to added blogs or websites that the author of the blog consistently brand to read,” blogossary.

[8] See about Larry E. Ribstein, “From Bricks to Pajamas: The Law and Economics of Amateur Journalism,” 48 Wm. & Mary L. Rev. 185 (2006).

[9] Uniform Partnership Act § 202(a) (1997).

[10] See Ribstein, above-mentioned agenda 8, at 233–36.

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[11] See id.; announcement from Stephen Bainbridge to ProfessorBainbridge.com, ”Are Group Blogs Partnerships?” (February 14, 2005).

[12] Community for Creative Non-Violence v. Reid, 490 U.S. 730, 752 (1989).

[13] See Rev. Rul. 87–41, 1987-1 C.B. 296.

[14] 17 U.S.C.A. § 201(b) (2001).

[15] 17 U.S.C.A. § 101 (2001).

[16] “A ’collective work’ is a work…in which a cardinal of contributions, basic abstracted and absolute works in themselves, are assembled into a aggregate whole.” 17 U.S.C. § 101.

[17] See the altercation of the after-effects of a collective-work characterization, in the area “Liability After-effects of the Legal Characterization.”

[18] 17 U.S.C. § 201(a).

[19] See 1 Melville Nimmer & David Nimmer, Nimmer on Copyright § 6.12[A] (2006).

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[20] Gershwin Publ’g Corp. v. Columbia Artists Mgmt., Inc., 443 F.2d 1159, 1162 (2d Cir. 1971).

[21] Id.

[22] Interested readers may ambition to analysis my list of acquired online absorb contravention cases.

[23] “[T]he appellation ’service provider’ agency a provider of online services.” 17 U.S.C. § 512(k)(1)(B). Account providers include web hosts that admittance third parties to abide content. See, for example, Corbis Corp. v. Amazon.com, Inc., 351 F. Supp. 2d 1090 (W.D. Wash. 2004); Hendrickson v. eBay, Inc., 165 F. Supp. 2d 1082 (C.D. Cal. 2001).

[24] See the akin altercation in the area “Liability Consequences of the Acknowledged Characterization” with account to 47 U.S.C. § 230.

[25] See, for example, ALS Scan v. RemarQ Communities., 239 F.3d 619 (4th Cir. 2001), finer eviscerating the approved notification arrangement with a adjustable estimation of the notification requirements; Perfect 10, Inc. v. Cybernet Ventures, Inc., 213 F. Supp. 2d 1146 (C.D. Cal. 2002). (§ 512 doesn’t administer to commissioned absorb contravention claims.)

[26] See Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 125 S. Ct. 2764 (2005). The Grokster Supreme Court opinion, for example, doesn’t advertence 17 U.S.C. § 512 at all. Id.

[27] See 17 U.S.C. § 512(c)(2).

[28] Directory of Account Provider Agents for Notification of Claims of Infringement.

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[29] The 10 registrations are anablog.com; blogabout.com; blogabout.net; Blogbox.com; BROADWAYBLOGS, LLC; freeblogging.com; hasablog.com; Pill Blog (pillblog.com); Socially Blog, Inc.; and SpongeBlogger.com. Of those registrations, seven arise to awning abeyant websites (anablog.com; blogabout.com; blogabout.net; BROADWAYBLOGS, LLC; freeblogging.com; and hasablog.com). Only Pill Blog, one of Socially Blog’s properties (Dave’s Daily), and SpongeBlogger.com look like “traditional” blogs. Of those, two arise dormant: Pill Blog’s aftermost announcement was October 2005, and SpongeBlogger.com’s aftermost announcement was November 2004.

On July 22, 2006, I additionally searched the database for the term ”blawg.” I begin one added site, Blawg Republic, a blog aggregator operated by the aforementioned aggregation that operated Pill Blog.

[30] For example, the chase did not aces up any blog that did not register with the chat “blog” in its title. Note, however, that the registration anatomy prompts registrants to enumerate all names and URLs they wish to awning beneath the § 512 safe harbor. As such, best prudent registrants will annals URLs, blog names, and (if applicable) corporate names.

[31] Readers may accretion it accordant that I haven’t registered my own blogs for the § 512 safe harbor. My Goldman’s Observations blog is a abandoned blog, and my Technology & Marketing Law Blog has alone exceptional bedfellow postings. Therefore, I’ve absitively that my likely personal account from § 512 is low.

[32] A blogger has been sued for barter abstruse confiscation based on user-submitted comments to the blog. See Software Dev. & Inv. of Nev. v. Wall, No. 2:05-cv-01109-RLH-LRL (D. Nev. 2006). On February 13, 2006, this lawsuit was absolved for abridgement of jurisdiction, and it appears (based on a review of PACER on November 3, 2006) that the plaintiff has not re-filed the case.

[33] Scienter is appropriate to appropriate a barter secret. The Uniform Trade Secret Act defines “misappropriation” as (i) accretion of a trade secret of addition by a being who knows or has acumen to apperceive that the trade abstruse was acquired by abnormal means; or (ii) acknowledgment or use of a trade abstruse of addition afterwards accurate or adumbrated accord by a being who (A) used abnormal agency to access adeptness of the barter secret; or (B) at the time of acknowledgment or use knew or had acumen to apperceive that his adeptness of the barter abstruse was (I) acquired from or through a being who had utilized improper agency to access it; (II) acquired beneath affairs giving acceleration to a duty to advance its clandestineness or absolute its use; or (III) acquired from or through a being who owed a appointment to the being gluttonous abatement to advance its clandestineness or limit its use; or (C) afore a actual change of his position, knew or had reason to apperceive that it was a barter abstruse and that adeptness of it had been acquired by blow or mistake. Uniform Barter Abstruse Act § 1(2) (1989) (emphasis added).

[34] See Perfect 10 v. CCBill LLC, 481 F.3d 751 (9th Cir. 2007), all state bookish acreage claims based on third affair agreeable may be preempted.

[35] Specifically, the statute says: “No provider or user of an interactive computer account shall be advised as the administrator or apostle of any information provided by addition advice agreeable provider.” 47 U.S.C. § 230(c)(1).

[36] See 47 U.S.C. § 230(e). Because of their relatively low applicability, this commodity doesn’t assay some accessible derivative claims afar from § 230, including brand or patent infringement, obscenity/child pornography, and ECPA claims.

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[37] So continued as a third affair appear the content, § 230 applies even if the co-blogger was negligent. See Zeran v. Am. Online, Inc., 129 F.3d 327 (4th Cir. 1997), cert. denied, 524 U.S. 937 (1998). Indeed, § 230 should administer alike if the co-blogger intended for the tortious agreeable to be published.

[38] Area 230 applies alike if the actor edited or adapted the published content. See, for example, Ramey v. Darkside Products, Inc., 2004 U.S. Dist. LEXIS 10107 (D.D.C. 2004); Schneider v. Amazon.com, Inc., 31 P.3d 37 (Wash. Ct. App. 2001).

[39] Area 230 applies alike if the actor amalgamated the agreeable for profit. See Prickett v. infoUSA, Inc., 2006 WL 887431 (E.D. Tex. March 30, 2006).

[40] See 47 U.S.C. § 230(f)(3), defining “information content provider” as “any being or article that is responsible, in whole or in part, for the conception or development of advice provided through the Internet or any added alternate computer service”) (emphasis added); Carafano v. Metrosplash.com, Inc., 339 F.3d 1119 (9th Cir. 2003); Donato v. Moldow, 865 A.2d 711 (N.J. Super. Ct. App. Div. 2005); Fair Hous. Council of San Fernando Valley v. Roommate.com, 2004 U.S. Dist. LEXIS 27987 (C.D. Cal. September 30, 2004); Prickett v. infoUSA, Inc., 2006 WL 887431 (E.D. Tex. March 30, 2006).

[41] But see Delfino v. Agilent Techs., Inc., 2006 WL 3635399 (Cal. App. Ct. December 14, 2006), employer can affirmation § 230 aegis for employee’s online acts alfresco application scope.

[42] 17 U.S.C.A. § 102(a) (2001). The statute additionally requires fixation in a actual average of expression, but all web-published content, by definition, meets this standard. Id. See MAI Sys. Corp. v. Peak Computer, Inc., 991 F.2d 511 (9th Cir. 1993).

[43] See Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (1991).

[44] See Am. Dental Ass’n v. Delta Dental Plans Ass’n, 126 F.3d 977 (7th Cir. 1997), award that a anatomy was copyrightable.

[45] See 17 U.S.C. § 201(a).

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[46] Alike so, the columnist will absorb a non-waivable appropriate to aish that license or appointment 35–40 years afterwards the transfer. 17 U.S.C. § 203.

[47] See 17 U.S.C. § 201(c); N.Y. Times Co. v. Tasini, 533 U.S. 483 (2001), discussing the account of the § 201(c) privilege to cyberbanking republication of content.

[48] See Oddo v. Ries, 743 F.2d 630, 633 (9th Cir. 1984) “[W]e see no acumen why ally should be afar from the accepted rules governing copyright ownership….”

[49] See 1 Nimmer & Nimmer, above-mentioned agenda 19, § 6.08.

[50] These assets may authorize for added protections as well. For example, even if the area name cannot be adequate as a trademark, it may still qualify for aegis beneath the Anti-Cybersquatting Consumer Aegis Act [codified at 15 U.S.C. § 1125(d) (1995) and 15 U.S.C. § 1129 (1995)] or some accompaniment laws [such as California’s anti-phishing law, codification at Cal. Bus. & Prof. Code § 22948.2 (1997 & Supp. 2006)].

[51] “Use in commerce” agency “the bona fide use of a mark in the accustomed advance of trade,” 15 U.S.C. § 1127 (emphasis added).

[52] Although this makes automatic sense—trademark law, afterwards all, protects consumers, and a non-commercial endeavor has no consumers to protect—it bears acquainted that the acceptation of “use in commerce” is particularly abashed in Internet jurisprudence, and there are some cases (wrongly decided, in my view) area non-revenue-generating activities nonetheless accept been accounted a “use in commerce.” See, for example, SMJ Group, Inc. v. 417 Lafayette Rest. LLC, 2006 WL 1881768 (S.D.N.Y. July 6, 2006), bitching advertisement application the target’s logo was accounted a ”use in commerce.” See about Eric Goldman, ”Online Chat of Mouth and Its Implications for Brand Law,” in Brand Law and Theory: A Handbook of Contemporary Research (Graeme B. Dinwoodie and Mark D. Janis, eds., Edward Elgar Press, 2008), discussing the approved and accepted law abashing about the “use in commerce” requirement.

[53] The names of my blogs, “Technology & Marketing Law Blog” and ”Goldman’s Observations,” are two such examples.

[54] See Ribstein, above-mentioned agenda 8, at 15–16; Jon Swartz, ”Sellers of Internet Addresses Surf for—and Get—Some Big Payoffs” (April 13, 2006), discussing the improvement in domain-name valuations. Indeed, many of the highest-priced domain-name affairs accept complex area names that may never authorize for brand protection.

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[55] An absolute area name usually has an absolute PageRank, a reputational score assigned by Google, that in about-face can access the abundance of referrals.

[56] Absolute of the acknowledged resolution, the being listed as the domain-name apprentice has technical/administrative ascendancy over the domain name, including the adeptness to about-face off the area name or point it at a different blog/website. As a result, domain-name registrants accept (at atomic in the abbreviate run) cogent applied advantage over the area name’s disposition.

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