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May 27, 2009

Judge Sotomayor's Cyberlaw Opinions

Thomas O'Toole at the BNA has a helpful round-up of Judge Sotomayor's opinions in cyberlaw.  


While a District Court judge, she held in favor of the N.Y. Times in its dispute with Tasini and other freelance authors--a win for a corporation against individual plaintiffs.  (I preferred the Supreme Court's holding on the subject, though Judge Sotomayor's decision is certainly reasonable.)

Her opinions in domain name cases, as summarized by O'Toole, seem to be eminently reasonable interpretations of the law.

Her most important opinion in this area is Specht v. Netscape, an opinion that is now a classic in cyberlaw, reproduced in all casebooks on the subject. There she declined to enforce Netscape's terms of use for a particular plug-in when Netscape had done a very poor job of making users aware of the existence of those terms.  This opinion might be classified as pro-consumer, though it again seems an eminently reasonable application of the background legal rules.  The opinion is sophisticated and thorough.

All in all, a creditable jurisprudence in the area.

Posted by Anupam Chander on May 27, 2009 at 08:14 AM in Digitization | Permalink

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