Home
Biography
Tech & Marketing
Blog
Goldman's
Observations Blog
Writings
Presentations
Classes
Resources
Contact
Eric Goldman's Writings
ACADEMIC ARTICLES IN PROCESS
Internet Law Cases and Materials (available for download via Scribd and in hard copy from CafePress)
Advertising and Marketing Law: Cases and Materials (with Rebecca Tushnet) (beta teaching materials available)
The Unexpected Benefit of Internet Immunity (in progress)
A New Way to Fight Bogus Consumer Reviews (in process)
The Irony of Privacy Class Action Lawsuits, 10 J. Telecomm. & High Tech. L. ___ (2012)
Online User Account Termination and 47 U.S.C. §230(c)(2), 2 U.C. Irvine L. Rev. __(2012)
ACADEMIC ARTICLES AND BOOK CHAPTERS
Revisiting Search Engine Bias, 38 William Mitchell L. Rev. 96 (2011)
Regulating Reputation, in The Reputation Society: How Online Opinions are Reshaping the Offline World 51 (Hassan Masum and Mark Tovey eds.) (MIT Press, 2011)
Edited version republished as The Regulation of Reputational Information in The Next Digital Decade: Essays on the Future of the Internet 193 (Berin Szoka & Adam Marcus eds.) (2010)
Wikipedia’s Labor Squeeze and its Consequences, 8 J. Telecomm. & High Tech. L. 157 (2010)
Republished in InformIT.com, July 8 and July 15, 2010
Brand Spillovers, 22 Harvard J. L. & Tech. 381 (2009)
Teaching Cyberlaw, 52 St. Louis U. L.J. 749 (2008)
Online Word of Mouth and Its Implications for Trademark Law, in Trademark Law and Theory: A Handbook of Contemporary Research 404 (Graeme B. Dinwoodie and Mark D. Janis eds.) (Edward Elgar Press, 2008)
Co-Blogging Law, 84 Wash. U. L. Rev. 1169 (2006)
Republished in InformIT.com, Feb. 15 and 22, 2008.
Edited version published as No Safety in Numbers, Blogger & Podcaster Mag., Aug. 2007, at 20.
Stealth Risks of Regulating Stealth Marketing, 85 Texas L. Rev. See Also 11 (2006)
A Coasean Analysis of Marketing, 2006 Wis. L. Rev. 1151
Search Engine Bias and the Demise of Search Engine Utopianism, 8 Yale J. L. & Tech. 188 (Spring 2006)
Republished in InformIT.com, Sept. 22, 2006
Republished in Web Search: Multidisciplinary Perspectives 121 (Amanda Spink & Michael Zimmer, eds.) (Springer 2008)
Data Mining and Attention Consumption, in Privacy and Technologies of Identity: A Cross-Disciplinary Conversation 225 (Katherine Strandburg & Daniela Raicu, eds. 2005)
Speech Showdowns at the Virtual Corral, 21 Santa Clara Computer & High Tech. L.J. 845 (2005)
Republished as Online Gaming and Free Speech: Showdown at the Virtual Corral, InformIT.com, Aug. 12, 2005
Deregulating Relevancy in Internet Trademark Law, 54 Emory L.J. 507 (2005)
The Challenges of Regulating Warez Trading, Soc. Sci. Computer Rev., Spring 2005, at 24
Warez Trading and Criminal Copyright Infringement, 51 J. Copyright Soc’y U.S.A. 395 (2004)
Republished in InformIT.com, Jan. 23, 2004 and Apr. 9, 2004
A modified version republished as The Law of Warez Trading, Journal of Internet Law, Jan. 2005
Where’s the Beef? Dissecting Spam’s Purported Harms, 22 J. Marshall J. Computer & Info. L. 13 (2003)
A Road to No Warez: the No Electronic Theft Act and Criminal Copyright Infringement, 82 Or. L. Rev. 369 (2003)
The Intellectual Property Renaissance in Cyberspace: Why Copyright Law Could be Unimportant on the Internet, 12 Berkeley Tech. L.J. 15 (1997)
Computer Bulletin Board Technology: Sysop Control and Liability in a Decentralized Information Economy, International Symposium on Technology and Society 1993 Conference Proceedings 191 (1993)
Cyberspace, the Free Market, and the Free Marketplace of Ideas: Recognizing Legal Differences in Computer Bulletin Board Functions, 16 Hastings Comm. & Ent. L.J. 87 (1993)
MISCELLANEOUS ACADEMIC WORKS
A Century of Trademark Law: Looking Back and Looking Forward, 101 Trademark Rep. 1801 (2011) [speech transcript]
Unregulating Online Harassment, DU Process, Feb. 22, 2010.
I’m Not Sure I Want to Be Ethan Leib’s Friend Any More, A Comment on Ethan Leib’s Friends as Fiduciaries article as part of the Fourth Annual Conglomerate Junior Scholars Workshop, The Conglomerate, July 30, 2008
Integrating Contract Drafting Skills and Doctrine, 12 J. Legal Writing Institute 209 (2007)
Symposium Presentation: Doing Internet Co-Branding Agreements, 22 Hastings Comm. & Ent. L.J. 221 (2000) [speech transcript]
Understanding Internet Co-Branding Agreements, 16 Santa Clara Computer & High Tech. L.J. 65 (1999) (co-authored with Candice Lee). Includes a provider-favorable co-branding agreement and a brander-favorable co-branding agreement
The Role of Certification Authorities in Consumer Transactions: A Report of the ILPF Working Group on Certification Authority Practices, Internet Law & Policy Forum Working Paper (1997) (co-authored with Terry Maher and Brad Biddle)
Electronic Networks and Computer Bulletin Boards: Developing a Legal Regime to Fit the Technology, Spring 1994
ADVOCACY FILINGS
Comments on the Copyright Office’s proposed revisions to the DMCA agent designation process (with Corynne McSherry of the EFF and Jason Schultz), November 2011
Comments on the Securities and Exchange Commission Guidance on the Use of Company Web Sites , Nov. 2008
Rescuecom, Inc. v. Google, Inc., appeal to the Second Circuit (amicus brief on behalf of intellectual property law professors), Feb. 2007 (with Stacey Dogan)
WhenU.com, Inc. v. Utah, motion for preliminary injunction filed with the Utah State District Court (amicus brief on behalf of FindWhat.com), May 2004
Comments on sentencing guidelines for spam, March 2004 (with Michael O’Hear)
1-800 Contacts, Inc. v. WhenU.com, Inc., appeal to the Second Circuit (amicus brief on behalf of Electronic Frontier Foundation), Feb. 2004 (with Cindy Cohn and Fred von Lohmann)
BLOGS AND COLUMNS
Technology & Marketing Law Blog (http://blog.ericgoldman.org), 2005-
Syndicated via Newstex since 2008
Columnist (“From Eric’s Blog”), Cyberspace Lawyer, 2006-
Selected posts republished in Ars Technica, 2011-
Selected posts republished in Techdirt, 2011-
Selected posts republished in CircleID, 2005-
Selected posts republished in Internet Law & Business and Computer Law Reporter, 2009-
Goldman’s Observations Blog (http://blog.ericgoldman.org/personal), 2005-
ContractsProf Blog (http://lawprofessors.typepad.com/contractsprof_blog/), 2005-07
Guest blogging at Concurring Opinions, January 2007
ARTICLES ABOUT THE LAW
Top Internet Law Developments of 2010, InformIT.com, Jan. 25, 2011.
The Problems with Google House Ads, Search Engine Land, Aug. 18, 2010.
Republished in Gizmodo, p2pnet and Business Insider on Aug. 23, 2010.
The Third Wave of Internet Exceptionalism, Santa Clara Magazine, Winter 2008
Republished in InformIT.com, Feb. 23, 2009
Affiliate Marketing: The Good and Bad, InformIT.com, Aug. 5, 2008
Republished as Affiliate Liability Extravaganza, e-Commerce L. Rep., Aug. 2008, at 1
Top Cyberlaw Developments of 2007, InformIT.com, Jan. 11, 2008
The Best and Worst Internet Laws, InformIT.com, Apr. 20, 2007
Will the Adware Industry Beat Spitzer?, CNET News.com, Aug. 2, 2005
Republished in CIPerati, Sept. 2005
A Web Site for Hunting Poses Questions About Killing, S.J. Mercury News, July 25, 2005
Republished in at least 15 other newspapers
SCO and the Battle Over UNIX: A Clear Explanation, InformIT.com, June 18, 2004 (co-authored with Michael Faulkner)
Republished in Cyberspace Lawyer, June 2004
Republished as The Battle Over UNIX: SCO v. Linux, AIX And The Open Source Community, CIPerati, August 2004
Congress, the New Copyright Bully, CNET News.com, Aug. 6, 2003
Spam is Just a Byproduct of Our Media-Saturated World, S.J. Mercury News, July 1, 2003, at 6B
Republished as Hate Spam? Just Hit Delete, St. Paul Pioneer Press, Aug. 11, 2003
Republished as In Defense of Spam, E-Commerce Law Report, June 2003, at 2
No Electronic Theft Act Proves a Partial Success, National Law Journal, March 17, 2003, at B9 (co-authored with Julia Gladstone)
Republished as No Electronic Theft is a Partial Success, e-Commerce Law & Strategy, April 2003, at 1
Republished in New Jersey Law Journal, Aug. 11, 2003
Drafting Enforceable Arbitration Clauses for Online Businesses, E-Commerce Law Report, Dec. 2002 - Jan. 2003, at 20 (co-authored with Christopher Smith)
The Privacy Hoax, Forbes, Oct. 14, 2002, at 42
Republished as Let Markets Regulate, Not State, Los Angeles Daily Journal, Nov. 13, 2002, at 6
Republished as The Internet Privacy Fallacy, Computer & Internet Lawyer, Jan. 2003, at 20
Republished as Does Online Privacy ‘Really’ Matter? ‘No’ According to Consumers, CircleID, Sept. 12, 2003
Do Internet Companies Overuse Nondisclosure Agreements?, E-Commerce Law Report, July 2001, at 10
Republished in Computer & Internet Lawyer, Oct. 2001, at 18
Republished in Internet Law & Business, Nov. 2001, at 36
Republished as You Can’t Say That, Intellectual Property & Technology Law Monitor (Recorder Supplement), July/Aug. 2001, at 14
Republished as Potential Drawbacks of a Company’s Overuse of Nondisclosure Agreements, Start-Up & Emerging Companies Strategist, Aug. 2001, at 1
Here’s the Deal—Avoiding Common Internet Co-Branding Pitfalls, Build Brand Value Newsletter, Spring 2000
New Email Laws Create New Legal Issues, Cyberspace Lawyer, Nov. 1999, at 2 (co-authored with Max Ochoa)
Republished in Project Cool Future Focus, Oct. 16, 1999
Republished as Stupid Email Tricks, Industry Standard, Oct. 22, 1999
Republished as Stupid Email Tricks…Or Stupid Email Laws?, Boardwatch, Dec. 1999
Play or Fold: Write Online Gambling Regulations Clearly and Precisely, or Not at All, San Francisco Daily Journal, Feb. 11, 1999, at 4
Republished as Regulating Internet Gambling, Cyberspace Lawyer, Mar. 1999, at 9
Website Provider Liability for User Content and Actions, Multimedia & Web Strategist, Jan. 1999, at 1
Republished in eCommerce Strategies for Success in the Digital Economy Conference Proceedings, at 91 (1999)
Drafting a Privacy Policy? Beware!, Cyberspace Lawyer, July/Aug. 1998, at 2
Republished as Is Your System Safe?, IP Magazine (Recorder Supplement), Aug. 1998, at 6
Republished in Fifth Annual Seminar on Legal and Business Aspects of the Internet Conference Proceedings, at 301 (1998)
A Fresh Look at Web Development and Hosting Agreements, Journal of Internet Law, May 1998, at 7 (including sample agreement)
Republished in Multimedia & Web Strategist, Apr. 1998, at 1
Republished in Internet Law & Business, Nov./Dec. 1999, at 33 (including sample Web Development and Hosting Agreement)
Republished in Second Annual Internet Law Institute Conference Proceedings, at 399 (1998) (including sample agreement)
Republished as Reaching Compromises While Negotiating Web Development and Hosting Agreements, E-Commerce Law Report, Oct. 1998, at 4 (including sample agreement)
Republished in eCommerce Strategies for Success in the Digital Economy Conference Proceedings, at 91 (1999) (including sample agreement)
Private Label and Co-Branding Deals: New Deal-Making Paradigms on the Internet (including
sample agreements), Journal of Internet Law, Aug. 1997, at 11
Republished in Cyberspace Law School ‘98 Conference Proceedings, at 663 (1998)
Republished in Third Annual Internet Law Institute Conference Proceedings, at 583 (1999)
What You Need to Know About Reno v. ACLU, Internet Newsletter: Legal & Business Aspects, July 1997, at 3 (co-authored with Wendy Leibowitz)
System Operator Liability: What Have We Learned?, Boardwatch, Apr. 1997
Republished as Thirteen Years: What Have We Learned?, Project Cool Future Focus, Mar. 1, 1997
Republished in SUG West San Francisco Conference Proceedings & Program, at 51 (1997)
Copy Control, San Francisco Daily Journal, Dec. 26, 1996, at 7 (co-authored with Shawn Molodow)
Top 10 Legal Issues for Clients of Web Developers, Advertising Age’s Net Marketing, Dec. 1996
Pitfalls In Outsourcing Your Website, Computer Law Strategist, Nov. 1996, at 1
Cache-22, IP Magazine (Recorder Supplement), Summer 1996, at 15
Republished in Project Cool Future Focus, Sept. 1996
Republished as Caching on the Internet, Cyberspace Lawyer, Oct. 1996, at 2
Republished as To Cache or Not to Cache, Legal Times Special Report on Intellectual Property, Dec. 9, 1996, at 44
Stern v. Delphi: Are Online Services “News Disseminators”?, Boardwatch, Aug. 1995, at 110
Intellectual Property Protection Regimes in the Age of the Internet, CNI-Copyright, Mar. 1995
SELECTED BLOG POST REPUBLICATIONS
Are you Kinning me? Microsoft beats trademark lawsuit over Kinect, GeekWire, Feb. 6, 2012.
Top Cyberlaw Developments of 2009, Internet Law & Business, Feb. 2010, at 89.
Republished in E-Commerce Law Report, Feb. 2010.
Implications of Lori Drew’s Conviction, LexisNexis® Mealey's™ Litigation Report Cyber Tech & E-Commerce, Jan. 2009.
Is/Isn’t Trademark Infringement—Internet search engine keyword advertising, Illinois State Bar Association Intellectual Property Newsletter, June 2006, at 1 (republishing several posts)
Gripers 1, Initial Interest Confusion 0—Lamparello v. Falwell, Illinois State Bar Association Intellectual Property Newsletter, Oct. 2005, at 1
Grokster Commentary, CIPerati, Sept. 2005
MISCELLANEOUS PUBLICATIONS
Foreword to Gail A. Schlachter & R. David Weber, How to Pay for Your Law Degree (Reference Service Press 2003)
A Faculty Member’s Perspective on the Golden Leagle, Golden Leagle, Aug. 2003, at 2
My First Three Months in an Internet Start-Up, E-Commerce Law Report, Sept. 2000
Republished in Fourth Annual Internet Law Institute Conference Proceedings (2000)
Republished in E-Commerce Law School ‘00 Conference Proceedings, at 3 (2000)
Eric’s Tips to Surviving the California Bar Exam, The Advocate (Santa Clara University School of Law), Mar. 1999, at 3
Republished in The Advocate, Apr. 2001
Form Internet and Email Use Policy, Fifth Annual Seminar on Legal and Business Aspects of the Internet Conference Proceedings, at 313 (1998)
Generating Revenues from Websites, Boardwatch, July 1995, at 60
Republished in Intelligence (South Africa), 1996 spec. ed., at 46
Cyberspace Law Review Bibliography, Information Law Alert, Feb. 10, 1995 at 4
Internet Trademarks and Domain Name Legal Bibliography, Patents.com, 1994 to Mar. 1996