Infects the Tenth Circuit–FTC v. Accusearch

30 06 2009

By Eric Goldman

F.T.C. v. Accusearch Inc., 2009 WL 1846344 (10th Cir. June 29, 2009). My blog post on the district court opinion.


June has been an active month for 230 jurisprudence. Cases this month include Doe IX v. MySpace (actually a May opinion but I blogged it in June), Gibson v. Craigslist, the Barnes v. Yahoo amendment, and Zango v. Kaspersky–all defense-favorable outcomes. As I mentioned in my post on the Doe IX case, the Ninth Circuit en banc decision has not cast a long shadow on 230 jurisprudence; it has been cited less than 10 times in the past year, and prior to yesterday, only once in favor of the plaintiff. Unfortunately, those good times may be over. The Tenth Circuit has largely adopted the rule and reasoning of in FTC v. Accusearch, effectively making the governing law west of the Rockies.


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