Blog Posts - E-Commerce

Applegate? The high(er) price of convenience.

Apple (AAPL) stock keeps on chugging, and is now the largest company in the world by market capitalization.   Apple leads by creating sleek phones, music players, tablets, and computers.  All with an easy to use interface and online store.  Within a few clicks, movies, music, and ebooks will be copied to Apple devices for easy consumption.  But something devious could be happening under the hood of this simple process: price fixing.  T

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Stubhub Immune Under Section 230

On March 6, 2012, a North Carolina appellate court three-judge panel unanimously decided that Stubhub Inc. was entitled to Section 230 immunity under the Communications Decency Act.  This decision overruled the judgment of a Guilford County judge made last year that found Stubhub had violated North Carolina’s Read more ...

The Core of the Apple

On Monday of this week, the internet newswires were abuzz with discussion of Apple’s ”Key Victory” over Motorola in the German courts, temporarily staying for appeal an injunction from a lower court barring the sale of Apple’s iPad and iPhone products.  The injunction had been issued in favor of Motorola (Motorola Mobility), who c

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Class Action Against Full Tilt Poker Goes Forward (At Least In Part)

It has not been a good year for online gaming.  In April of last year, the Justice Department shuttered the doors of the largest online gaming sites with operations in the United States.  This has sent shockwaves through the poker playing community.  One of the prime targets for the Justice Department is Full Tilt Poker.

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Netflix Advocating for Change in Antiquated Law to Connect U.S. Users to Facebook

The idea of linking a company’s product to Facebook, particularly a product related to technology, in order to positively affect that company’s bottom line is not newsworthy.   In fact, what is more newsworthy is a company with a technology-based product not creating some sort of platform to connect its customers through Facebook.  This is particularly true when that company is the consistently inconsistent Netflix.

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Kindle Fire: What Are You Willing to Trade For a Faster Internet?

Only weeks old, the Kindle Fire has been a privacy concern since it was announced. The issue involves the Fire's Silk web browser. In order to improve the web browsing experience, Silk routes ordinary traffic through Amazon's servers as a proxy. This allows Amazon to load the page more quickly and even preload pages it believes the user is likely to access next based on usage statistics.

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ACCC appeals Google Misleading Ads Case in Australian Federal Court

The Australian Competition and Consumer Commission (ACCC), a consumer watchdog similar to the US Federal Trade Commission (FTC), has decided to file an appeal against the recent decision by the Federal Court of Australia that Google engaged in misleading advertising practices.  On appeal, ACCC claims that Justice John Nicholas’ conclusion in ACCC v.

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Marketplace Fairness Act Introduced in Senate

A bill was introduced in the Senate yesterday that could substantially affect Internet-based commerce in the United States.  The Marketplace Fairness Act proposes a system whereby states may collect sales tax on transactions with out-of-state sellers that do not have a physical presence in the state.  Subject to certain conditions in the bill, states would now have the authority to levy sales tax on online and other remote retailers.

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Groupon Sues Former Employees for Divulging Trade Secrets to Google

On October 24, Groupon filed a lawsuit against two former employees who left the company to work for Google, alleging that they took with them confidential trade secrets to use in their new positions.  Michael Nolan and Brian Hanna were members of the sales team at Groupon who left to work for Google Offers in September.  Google Offers has essentially the same business model as Groupon—they offer low prices f

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Buyer Beware: Software License Agreements Can Trap Unwary Users

In July 2008, Apple filed suit against Psystar for selling computers with Apple's Mac OS X installed on them. The problem with what Psystar was doing was that the computer hardware was not Apple hardware. Apple's software license agreement for OS X prevents it from being installed on any non-Apple hardware. Psystar claimed that the license term constituted copyright misuse and that the first sale doctrine prevents Apple from exerting control over how copies of OS X are used after they are purchased.

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