The Curious Engineer

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Technology & Marketing Law Blog

blog.ericgoldman.org

Eric teaches and publishes in the areas of Internet Law, Intellectual Property and Advertising & Marketing Law.

Society / politics / economyWeb development

’05’10’15’20’25
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4,783 from 8 Feb 2005 to 30 Oct 2026
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about daily (162 in the last year)
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personal blog
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Latest

October 2026

  1. It’s Hard to Win a Schedule A Case Without Filing the “Schedule A”–Speedy Simulator v. Schedule A Defendants
  2. Spam-Filtered Email Service Unwinds a $13M Default Judgment–Imagination Products v. Omont
  3. City Government Can Use Facebook’s Anti-Bot Tool–Jalisi v. Poway
  4. Alex Berenson’s Deplatforming Lawsuit Fails in the Second Circuit–Berenson v. Gottlieb
  5. Four Justices, One Mega-Publisher, and a Supreme Court Copyright Debacle (Guest Blog Post)
  6. Call for Papers/Participation, Internet Law Works-in-Progress Conference, SCU, March 6, 2027
  7. Marketing a “California Ethos” Doesn’t Support a California Publicity Rights Lawsuit–Boyden v. Hyundai
  8. Should Police Wipe a Criminal’s Cellphone Before Returning It?–U.S. v. Stathas
  9. Some New Data on Age Authentication Balk Rates
  10. Washington Supreme Court Dismisses Meta Pixels Case–Baker v. Seattle Children’s Hospital
  11. My Reddit AMA on the Law of Web Scraping
  12. Judge Barker (E.D. Tex.) Disassembles Two SAD Scheme Cases

September 2026

  1. Sedlik v. Von Drachenberg: The Right Way to Evaluate Wrongfulness (Guest Blog Post)
  2. The Fifth Circuit Does Fifth Circuit Things in Copyright Embedding Case–Emmerich v. Particle
  3. Snap Wants to be a State Actor??–Kansas v. Snap
  4. Op-Ed: Meta’s $5 Billion Deal with the State AGs to Take Down its Rivals
  5. Sedlik v. Von Drachenberg: All About That Intrinsic Test? (Guest Blog Post)
  6. Court Wipes Out SAD Scheme Default Judgment Due to Improper Email Service–Deckers v. Litfun
  7. When is a Man’s Penis Size a “Matter of Legitimate Public Concern”?–Kalil v. Kalil
  8. Another Abusive “Yelp Law” Lawsuit Fails–Scott v. Ulta
  9. Uber Guests Aren’t Bound By Uber’s TOS–Walker v. Uber
  10. After $6M and 17 Years Fighting the Record Labels’ Copyright Lawfare, the Court Awards Vimeo $16k in Costs–Capitol Records v. Vimeo
  11. TWEET and the Bird Logo Apparently Enter the Public Domain, But X Maintains Its Grip on the TWITTER Mark (For Now)–X v. Project Bluebird
  12. SAD Scheme Plaintiff Must Pay $40k to Defendant–Guangzhou Tinpod v. Schedule A Defendants
  13. Courts Still Can’t Let Go of the Possibility that Individual Prices are Copyrightable–Rapaport v. Nivoda

August 2026

  1. New York Judge Shuts Down a SAD Scheme TRO Request–CJB Global v. Schedule A Defendants
  2. Collaborators Using the ‘Instagram Collabs’ Feature May Forego a Section 230 Defense–Winer v. Mohammed
  3. Lawyer’s Fee Agreement Gagging Client Reviews Is Illegal–LS Carlson Law v. Sedgwick
  4. A 512(f) Case Survived a Motion to Dismiss. Guess What Happened Next–Channel 781 v. WCAC
  5. Grok’s TOS Formation Failed–Skaggs v. X.ai
  6. Every SAD Scheme Opinion Is Weird In Its Own Way–Cai v. Chaozhoushi Yitong Dianzi Shangwu Youxiangongsi
  7. LinkedIn’s Insight Tag Creates Legal Entanglements–Doe v. LinkedIn
  8. It’s Hard for Parodic Products to Tarnish Famous Trademarks–Bad Spaniels v. Jack Daniel’s
  9. 11th Circuit Rejects Keyword Advertising Liability–Deltona v. NOCO
  10. Ninth Circuit Lifts Restrictions on Agentic AI Accessing Amazon

July 2026

  1. CJEU Judgment on Geoblocking & Standards for Knowledge of Foreign Copyright Laws and Geoblocking Measures (Guest Blog Post)
  2. Another Court Shuts the Door on “Yelp Law” Drive-By Lawsuits–Arterberry v. Peet’s
  3. When You Reject Cookies, You Might Be Agreeing to Arbitration–Alba v. Harbor Freight
  4. Announcing the 2026 Edition of My Internet Law Casebook
  5. More Data on Online Age Authentication Balk Rates
  6. Appeals Court Shuts Down Bogus Private Enforcements of the ‘Yelp Law’–Moss v. GoDaddy
  7. Court Greenlights Jehovah’s Witnesses’ Unmasking of Online Critic–In re DMCA Subpoena to Cloudflare
  8. Federal Circuit Rebuffs SAD Scheme Plaintiff–Shenzhen Jisu v. Annex A Defendants
  9. Apple Defeats Liability for Not Scanning iCloud Items for CSAM, But the Judge Was Not Pleased–Amy v. Apple
  10. Court Upholds Instagram’s TOS–Feds for Freedom v. Meta
  11. eBay Defeats Contributory Copyright Claim–Lee v. SBS
  12. Large Roundup of Section 230 Rulings
  13. YouTube Exits Copyright Lawsuit Over YouTubers’ Videos–Barnes v. Sanchez
  14. Court Rebuffs Emojico’s SAD Scheme TRO Request

June 2026

  1. Cloudflare Defeats Lawsuit Over Nonconsensual Intimate Imagery (NCII) on Facebook–Doe v. Cloudflare
  2. Private Facebook Group Can Exclude Member–Khan v. ILONCA
  3. Scammy Ad Lawsuits Keep Vexing the Courts–Huckabee v. Meta
  4. Blogger Defeats Photographer’s Copyright Claim–Sokolskyfilm v. Messiah
  5. Section 230 Doesn’t Apply to Generative AI Enhancements to Ad Copy (But the Plaintiffs Lose Anyway)–Bouck and Suddeth v. Meta
  6. Google Search Isn’t a Common Carrier (duh)–Ohio v. Google
  7. Fifth Circuit Keeps Doing Fifth Circuit Things 📉–SEAT v. Paxton
  8. When Can Amazon Block an Agentic AI Service?–Amazon v. Perplexity (Guest Blog Post)
  9. Google Defeats “Negligent Digital Architecture” Claim–Starr™ v. Google

May 2026

  1. Seventh Circuit Limits Email Service to Chinese SAD Scheme Defendants–Kangol v. Hangzhou Silk
  2. How Often Do Consumers Balk at Doing Online Age Authentication?
  3. Ninth Circuit Panel Goes Out of Its Way to Question Section 230–Doe v. Meta
  4. Section 230 Ends Lawsuit by Twitter Premium Subscriber–Taddeo-Waite v. X
  5. New Book Chapter Tells the TSPA and TSF Origin Stories
  6. The YOLO Remand Shows Why the 9th Circuit Should Stop Carving Up Section 230–Bride v. Snap
  7. Raj Abhyanker’s Firm Ordered to Pay $90k+ for Ill-Advised Trademark Enforcement Lawsuit–LegalForce v. LawFirms
  8. WorldStarHipHop Gets Section 230 Dismissal–Eizenga v. MediaLab
  9. Court Rejects Lawsuit Over Online Criticisms of a Dater–D’Ambrosio v. Meta
  10. Blogger’s Photo Republication Isn’t Fair Use–Vedros v. Endless Mt. Labradors
  11. TOS Formation Fails, and So Does Section 230–Judge v. Academia
  12. Meta Defeats Two More Account Termination/Content Removal Lawsuits
  13. SAD Scheme Defendant Gets Damages Payout from the Bond–Bright Head v. Schedule A Defendants
  14. Judge Shopping & Schedule A (Guest Blog Post)
  15. 11th Circuit Rejects TOS Formation–Tejon v. Zeus
  16. SAD Scheme Plaintiff Gets Default Win But Blows the Layup on Damages–Shenzen Huajie v. Shenzen Leyibei

April 2026

  1. Plaintiffs Are Still Litigating–and Losing–Website Framing Cases (S&S v. Promo Hunt)
  2. We Still Don’t Know the Second Circuit’s Position on Embedding and Copyright Infringement–Richardson v. Townsquare
  3. Tenth Circuit Broadens CFAA ‘Loss’ Beyond Technological Harm–Moxie v. Nielsen (Guest Blog Post)
  4. Court Enjoins Another Arkansas Segregate-and-Suppress Law–NetChoice v. Griffin
  5. Section 230 Helps Discord Defeat “Defective Design” Claims Regarding Sexual Predation–Jane Doe v. Discord
  6. The Federal Government Used Jawboning to Censor ICE Transparency Initiatives–Rosado v. Bondi
  7. U.S. Supreme Court Narrows Secondary Liability in Copyright Law–Cox v. Sony (Guest Blog Post)
  8. Remember When the Ninth Circuit Rejected Classpass’ TOS Formation? About That…–Blackburn v. Classpass
  9. The Cox Shock: A Tectonic Shift or Just a Tremor? (Guest Blog Post)
  10. With Opinions Like This, Congress Doesn’t Need to Repeal Section 230–Massachusetts v. Meta
  11. Will Lower Courts Find Ways Around Cox v. Sony? You Betcha
  12. Prof. Goldstein on Cox v. Sony (Excerpt from His Treatise)
  13. Do DMCA Takedown Notices Need to Expressly Refer to the Lack of Fair Use?–Take-Two v. PlayerAuctions

March 2026

  1. Comments on the Jury Verdict in the Los Angeles Social Media Addiction Bellwether Trial (Expanded/Updated)
  2. Quick Comments on the SCOTUS Cox v. Sony Ruling
  3. Does 512(f) Apply Differently to Counternotices Compared to Takedown Notices?
  4. What Does a Hologram Trademark Signify When the Hologram Isn’t There?–Upper Deck v. Pixels
  5. Section 230’s Application to Account Terminations, CSAM, and More
  6. A Religious Organization is Suing its Critics, and the Weapon of Choice is Copyright—RRT v. Cheryl Bawtinheimer (Guest Blog Post)
  7. Another Reminder: Lawsuits Over Competitive Keyword Ads Are Stupid
  8. Photobucket’s Attempted TOS Amendment Mostly Fails–Pierce v. Photobucket
  9. SAD Scheme Copyright Plaintiff Must Compensate Defendants–Shenzhen Langmi v. Schedule A Defendants
  10. A “But They’re ‘Counterfeiters’!” Argument Doesn’t Clinch a SAD Scheme TRO–Emojico v. Schedule A Defendants
  11. Ninth Circuit Allows TOS Amendment by Email–Ireland-Gordy v. Tile
  12. Catching Up on Some Social Media Addiction Rulings
  13. Free-Trial Commercial Database Defeats Publicity Rights Claim–LaFleur v. Yardi

February 2026

  1. If You Don’t Keep Good Records, Don’t Be Surprised if Your TOS Formation Fails in Court–White v. PayPal
  2. Section 230 Preempts Lawsuit Over Unwanted Gmail Spam–Dor v. Google
  3. A SAD Scheme Plaintiff Unsuccessfully Plays an IP Privilege Card–Price v. Schedule A Defendants
  4. New Article Alert: “SAD Scheme Standing Orders”
  5. A First-Hand Look at the Messy Underbelly of DMCA 512(c) Takedowns
  6. Pre-Publication Content Moderation Can Disqualify Services from the DMCA 512(c) Safe Harbor–McGucken v. ShutterStock
  7. Fair Use Blocks Privacy-Motivated Copyright Lawsuit–MCM v. Perry
  8. California’s Consumer Privacy Act (CCPA) Assists a Private Right of Action–Shah v. MyFitnessPal
  9. Google Search Isn’t a Common Carrier–Richards v. Google
  10. The Sixth Circuit Wades Into Online TOS Formation (and Leaves Me More Confused Than Ever)–Dahdah v. LowerMyBills
  11. How Does the Initial Interest Confusion Doctrine Improve Trademark Analyses?–Dassault v. Childress
  12. This Week in the “DMCA Eating Copyright Law”: Cordova v. Huneault (Guest Blog Post)
  13. Reflections on Section 230’s Past, Present, and Future on Its 30th Anniversary
  14. Another Confusing Internet Jurisdiction Opinion (This Time, from the 1st Circuit)–Stokinger v. Armslist

January 2026

  1. A Volcanic Opinion in the Fifth Circuit Destabilizes International Copyright Law—Vetter v. Resnik (Guest Blog Post)
  2. The Ninth Circuit Wrecked Internet Jurisdiction Law…And For What?–Briskin v. Shopify
  3. Relitigating hiQ Labs and Scraping Through the Lens of DMCA 1201 Anti-Circumvention (Guest Blog Post)
  4. It Takes a Lot for 512(f) Claims to Survive a Motion to Dismiss–Cordova v. Huneault
  5. TikTok Isn’t a U.S. State Actor (So Far)–Brooks v. TikTok
  6. Salesforce Still Can’t Avoid Tertiary Liability FOSTA Claims–GG v. Salesforce
  7. Ninth Circuit Deletes RNC’s Lawsuit Over Gmail’s Spam Filter–RNC v. Google
  8. Greer Burns Law Firm Sanctioned for “Willfully Abusive” and “Egregious” SAD Scheme Judge-Shopping
  9. What Does It Mean to Make a Voice Call in a Post-Telephone World?–Howard v. RNC
  10. AT&T Blocks T-Mobile’s Data Portability Efforts (Guest Blog Post)
  11. Copyright Takedown Notices Don’t Require Services to Find and Remove Other Identical Copies–Athos v. YouTube
  12. DMCA 512(c) Safe Harbor Applies to Embedding–Harrington v. Pinterest
  13. 2025 Internet Law Year-in-Review
  14. A Massive Roundup of Section 230 Decisions

December 2025

  1. Schedule A: Ten Notable Developments in 2025 (Guest Blog Post)
  2. Too Many Courts Are Letting States Take Wrecking Balls to the Internet (Roundup)
  3. Texas Judge Enjoins App Store Authentication Law–CCIA and SEAT v. Paxton
  4. Google Can Assert a DMCA 512(d) Defense–Cengage v. Google (Catch-Up Post)
  5. Appeals Court Accepts That the “Water” Emoji Can Be Slang for Methamphetamine–U.S. v. Reed
  6. District Court Again Rejects Plaintiffs’ Attempts to Manufacture Common Law Notice-and-Takedown Duties–Bogard v. TikTok
  7. Courts Enjoin Internet Censorship Laws in Louisana and Arkansas
  8. OnlyFans Defeats “Chatter Scam” Claim–N.Z. v. Fenix
  9. Post-Mortem of a Misguided Logo Trademark Lawsuit–LegalForce v. Internet Brands
  10. Second Circuit Rejects Email Service on Chinese Defendants in Baby Shark SAD Scheme Case
  11. Is Blogging a “Recreational Activity”?–Sander v. Westchester Reform Temple
  12. Are Robots.txt Instructions Legally Binding?–Ziff Davis v. OpenAI
  13. COVID Jawboning Lawsuit Dismissed (For Now)–Dressen v. Flaherty
  14. Court Authorizes Unmasking Subpoena in Copyright Case–In re DMCA Subpoena to GoDaddy
  15. Visa Isn’t Liable for Underenforcing Its No-Surcharge Rule–Williams v. Visa
  16. Copyright Lawsuits Over Embedding Are Still a Thing
  17. Extortion Claims Against Ripoff Report Can Proceed–Selker v. Xcentric
  18. 11th Circuit Sidesteps the SAD Scheme’s Problems–Ain Jeem v. Schedule A
  19. Another Shill Article Tries to Normalize the SAD Scheme

November 2025

  1. YouTuber Loses Account Suspension Case Again–Hall v. YouTube
  2. Challenge to Maryland’s “Kid Code” Survives Motion to Dismiss–NetChoice v. Brown
  3. Court Sanctions Plaintiff’s Lawyer for Unverified Claims That the Defendant Was Hiding–Guangzhou Youlan Technology Co. Ltd. v. Onbrill World

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