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Kleffman V. Vonage Holdings Corp.
Kleffman v. Vonage Holdings Corp., 232 P.3d 625 (Cal. 2010), is a 2010 Supreme Court of California case certified by United States Court of Appeals for the Ninth Circuit. The decision ruled that sending unsolicited advertisement emails (commonly known as "spam") using multiple domain names was not unlawful under California Business and Professions Code section 17529.5, subdivision (a)(2), which made it unlawful to advertise in a commercial email advertisement that contained or was accompanied by falsified, misrepresented, or forged header information.Kleffman v. Vonage Holdings Corp.', 232 P.3d 625 (Cal. 2010). Background In March 2007, plaintiff Craig E. Kleffman filed this class action in California state court against defendants Vonage Holdings Corp., Vonage America, Inc., and Vonage Marketing, Inc. (Vonage), asserting a claim under California Business and Professions Code section 17529.5, subdivision (a)(2) (section 17529(a)(2)), which makes it unlawful to advertise in a comm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Supreme Court Of California
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law. Composition Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention elections. According to the California Constitution, to be considered for appointment, as with any California ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Legislative History
Legislative history includes any of various materials generated in the course of creating legislation, such as committee reports, analysis by legislative counsel, committee hearings, floor debates, and histories of actions taken. Legislative history is used for discovering sources of information about a legislature's intent in enacting a law, although jurists disagree widely about the extent (if any) to which a statute's legislative history has bearing on the meaning of its text. Sweden Swedish courts frequently avail themselves of the legislative history ( sv, förarbeten, literally "travaux préparatoires") in interpreting the law. Valid documents of legislative history are often taken to be official government reports, the bills (''proposition'') presented by the Swedish government before the Riksdag, statements made by the responsible minister at the government session at which the bill was adopted (''regeringssammanträde''), the report on the bill by the relevant Riksdag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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2010 In California
1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment of length 1. In conventions of sign where zero is considered neither positive nor negative, 1 is the first and smallest positive integer. It is also sometimes considered the first of the infinite sequence of natural numbers, followed by 2, although by other definitions 1 is the second natural number, following 0. The fundamental mathematical property of 1 is to be a multiplicative identity, meaning that any number multiplied by 1 equals the same number. Most if not all properties of 1 can be deduced from this. In advanced mathematics, a multiplicative identity is often denoted 1, even if it is not a number. 1 is by convention not considered a prime number; this was not universally accepted until the mid-20th century. Additionally, 1 is the s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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United States Computer Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965- ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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California State Case Law
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territories of the United States by population, most populous U.S. state and the List of U.S. states and territories by area, 3rd largest by area. It is also the most populated Administrative division, subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous Statistical area (United States), urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento, California, Sacramento is the state's capital, while Los Angeles is the List of largest California cities by population, most populous city in the state and the List of United States cities by population, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Eric Goldman
Eric Goldman (born April 15, 1968) is a law professor at Santa Clara University School of Law. He also co-directs the law school's High Tech Law Institute. and co-supervises the law school's Privacy Law Certificate. Career overview Goldman is a leading expert in the fields of Internet Law and Intellectual Property. He was part of the first wave of teaching Internet Law courses in law schools, having taught his first course in 1995–96. He has testified before Congress on the Consumer Review Fairness Act, Stop Enabling Sex Traffickers Act (SESTA), and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA). In a well-publicized December 2005 post to hiTechnology & Marketing Law Blog Goldman incorrectly predicted Wikipedia's demise in five years. Goldman has co-authored (with Rebecca Tushnet of Harvard Law) the first ''Advertising & Marketing Law'' casebook for the law school community. He has been shortlisted as an "IP Thought Leader" by ''Managing IP'' magazine. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Opt In E-mail
Opt-in email is a term used when someone is not initially added to an emailing list and is instead given the option to join the emailing list. Typically, this is some sort of mailing list, newsletter, or advertising. Opt-out emails do not ask for permission to send emails, these emails are typically criticized as unsolicited bulk emails, better known as spam. Forms There are several common forms of opt-in email: Unconfirmed opt-in/single opt-in Someone first gives an email address to the list software (for instance, on a Web page), but no steps are taken to make sure that this address belongs to the person submitting it. This can cause email from the mailing list to be considered spam because simple typos of the email address can cause the email to be sent to someone else. Malicious subscriptions are also possible, as are subscriptions that are due to spammers forging email addresses that are sent to the email address used to subscribe to the mailing list. Confirmed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Opt Out
The term opt-out refers to several methods by which individuals can avoid receiving unsolicited product or service information. This option is usually associated with direct marketing campaigns such as e-mail marketing or direct mail. A list of those who have opted out is called a Robinson list. Telemarketing The U.S. Federal Government created the United States National Do Not Call Registry to reduce the telemarketing calls consumers receive at home. Initially numbers listed on the registry were due to be kept for five years but will now remain on it permanently due to the Do-Not-Call Improvement Act of 2007, which became law in February 2008. The UK's Direct Marketing Association operates a voluntary opt-out scheme through the Telephone Preference Service, which was established in 1995. While the service will reduce unsolicited calls it does not stop solicited calls, market research calls, silent calls or overseas calls. Canada's National Do Not Call List operates an opt-out ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Federal Preemption
In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. Constitutional basis According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. As the Supreme Court stated in ''Altria Group v. Good'', 555 U.S. 70 (2008), a federal law that conflicts with a state law will overtake, or "preempt", that state law: Consistent with that command, we have long recognized that state laws that conflict with federal law are "without effect". ''Maryland v. Louisiana'', 451 U. S. 725, 746 (1981) Although many concurrent powers are subject ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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CAN-SPAM Act
The Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003 is a law passed in 2003 establishing the United States' first national standards for the sending of commercial e-mail. The law requires the Federal Trade Commission (FTC) to enforce its provisions. Introduced by Republican Conrad Burns, the act passed both the House and Senate during the 108th United States Congress and was signed into law by President George W. Bush in December of 2003. History The backronym CAN-SPAM derives from the bill's full name: ''C''ontrolling the ''A''ssault of ''N''on-''S''olicited ''P''ornography ''A''nd ''M''arketing Act of 2003. It plays on the word "canning" (putting an end to) spam, as in the usual term for unsolicited email of this type. The bill was sponsored in Congress by Senators Conrad Burns and Ron Wyden. The CAN-SPAM Act is occasionally referred to by critics as the "You-Can-Spam" Act because the bill fails to prohibit many types of e-mail spa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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United States District Court For The Central District Of California
The United States District Court for the Central District of California (in case citations, C.D. Cal.; commonly referred to as the CDCA or CACD) is a Federal trial court that serves over 19 million people in Southern and Central California, making it the most populous federal judicial district. The district was created on September 18, 1966. Cases from the Central District are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the United States government under the Tucker Act, which are appealed to the Federal Circuit). Along with the Central District of Illinois, the court is the only district court referred to by the name "Central" – all other courts with similar geographical names instead use the term "Middle." History California was admitted to the union on September 9, 1850, and was divided into two federal trial court districts - Northern and Southern - by Act of Congress on September 28, 1850, 9 Stat. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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Certified Question
In the law of the United States, a certified question is a formal request by one court from another court, usually but not always in another jurisdiction, for an opinion on a question of law. These cases typically arise when the court before which litigation is actually pending is required to decide a matter that turns on the law of another state or jurisdiction. If that other jurisdiction's law is unclear or uncertain, a certified question can then be sent to that jurisdiction's courts to render an opinion on the question of law that arose in the court in which the actual litigation is pending. The courts to whom these questions of law are certified are typically appellate courts or state supreme courts. History Historically, the procedure under which one court certifies a question to another, arises out of the distinction in the law of England between common law courts and equity courts. At one time, these two were separate and parallel legal systems, differing in procedur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |