Second Circuit Enforces Terms Hyperlinked In Confirmation Email–Starkey v. G Adventures

25 08 2015

[Ed: it is often important to remember that online ToS relate to, and sometimes control, subsequent off-line behavior–such as jurisdiction for court proceedings–even when the events are neither digital nor online].

Plaintiff Starkey booked a trip online through G Adventures. She alleges a G Adventures employee assaulted her during the trip. She sued G Adventures in the Southern District of New York. That court dismissed her lawsuit based on a forum selection clause requiring any claims to be brought in Ontario, Canada. She appealed, and the Second Circuit affirmed.

more

Case citation: Starkey v. G Adventures, Inc., 14-1361-cv (2d Cir. Aug. 7, 2015)

The content in this post was found at http://blog.ericgoldman.org/archives/2015/08/second-circuit-enforces-terms-hyperlinked-in-confirmation-email-starkey-v-g-adventures.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Clickthrough Agreement Upheld–Whitt v. Prosper

20 07 2015

I’m way behind in blogging clickthrough agreement cases, but I’m prioritizing this opinion because of its simplicity. Whitt, who is deaf, sought a loan via a “peer-to-peer lending service” called Prosper. To confirm his identity, Whitt needed to make a phone call. He tried to use a Video Relay Service, but Prosper allegedly refused a call made that way. Whitt claims the refusal violated the Americans With Disabilities Act and related state laws.

To apply for the loan, Whitt allegedly had to agree to Prosper’s Borrower Registration Agreement, which required applicants to click a box adjacent to the bolded text “Clicking the box below constitutes your acceptance ofthe borrower registration agreement.”

 

The court’s cites include Fteja v. Facebook, Zaltz v. JDate, Nicosia v. Amazon, Starke v. Gilt and others.

Case citation: Whitt v. Prosper Funding LLC, 2015 WL 4254062 (S.D.N.Y. July 14, 2015)

more

The content in this post was found at http://blog.ericgoldman.org/archives/2015/07/clickthrough-agreement-upheld-whitt-v-prosper.htm  and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



CFAA and SCA Do Not Prohibit Creation Of A Fake Facebook Page

10 07 2015

The defendants in a case pending in Chicago federal court were accused of contravening Facebook’s terms of use by accessing its computers in order to create a phony page and then using it to ridicule someone. In Bittman v. Fox, Case No. 14 C 8191 (N.D.Ill., June 1, 2015) (Holderman, J.), the court held that those allegations do not state a cause of action under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, or the Stored Communications Act, 18 U.S.C. § 2707.

more

The content in this post was found at hhttp://www.tradesecretslaw.com/2015/06/articles/trade-secrets/cfaa-and-sca-do-not-prohibit-creation-of-a-fake-facebook-page/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Judge overturns conviction of former Goldman Sachs programmer

10 07 2015

The New York State Supreme Court has overturned the second conviction of Sergey Aleynikov, a former programmer accused of stealing high-frequency trading source code after leaving Goldman Sachs in 2009.

The Russian-American programmer, who was featured in the book Flash Boys, was previously convicted in federal court in 2010 on one count of stealing trade secrets and one count of transporting stolen property.

He was released from prison when the United States Court of Appeals for the Second Circuit overturned the conviction in 2012.

more

The content in this post was found at http://arstechnica.com/tech-policy/2015/07/former-goldman-sachs-programmer-wins-criminal-case-on-appeal-again/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



The “Browsewrap”/”Clickwrap” Distinction Is Falling Apart

29 06 2015

It is somewhat surprising that, in 2015, courts are still hashing out online consumer contract formation issues. After all, the seminal case, Specht v. Netscape, was decided over a dozen years ago. Yet, a few recent cases show that companies often don’t get the contracting process right. In all or most of these cases, the companies are trying to push the disputes into arbitration (on an individual, rather than a class-wide basis). So the result of a flawed contract formation often means that a company has to litigate a claim in court rather than a more convenient and less expensive forum.

more

The content in this post was found at http://blog.ericgoldman.org/archives/2015/02/the-browsewrapclickwrap-distinction-is-falling-apart.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.