Technology & Marketing Law Blog
2013–2019
1,349 posts
2019 184
December 2019
- Internet Access Provider Gets Another Devastating Result in a Secondary Copyright Infringement Case—Sony v. Cox
- Huuuge Mistake in Contract Formation
- Eric Goldman’s Comments to the California DOJ Draft Regulations for the Consumer Privacy Act (CCPA) (Part 3 of 3)
- Maryland Disclosure Requirements for Online Political Ads Violates the First Amendment–Washington Post v. McManus
- Some Lessons Learned from the California Consumer Privacy Act (CCPA), 18 Months In (Part 2 of 3)
- Resetting the California Consumer Privacy Act (CCPA)…with 2 Weeks To Go! (Part 1 of 3)
- Breach of Contract/Promissory Estoppel Claims Bypass Section 230 But Fail Anyways—Yue v. Miao
- Twelfth Lawsuit Against Social Media Providers for “Materially Supporting Terrorists” Fails–Retana v. Twitter
- Copyright, State Sovereignty, and Pirates: Some Thoughts on Oral Argument in Allen v. Cooper (Guest Blog Post)
- CreateSpace Isn’t Liable for Publishing Allegedly Infringing Uploaded Book–King v. Amazon
November 2019
- Notifying Twitter of TOS Violations Isn’t Tortious Interference–Illoominate v. CAIR
- Review Services Aren’t Liable for Removing Business Profiles (and Associated Reviews)–PCS v. HomeAdvisor
- More Evidence That Print-on-Demand Vendors May Be Doomed–Greg Young Publishing v. Zazzle
- Rehearing Briefs in Enigma Software v. Malwarebytes
- More Evidence That IP Law Protects Individual Emoji Depictions–Nirvana v. Marc Jacobs
- Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v. Salesforce
- Strike 3’s Copyright Litigation Campaign Completely Strikes Out
- State Court Rejects Prager University’s Lawsuit Against YouTube
October 2019
- A Thumbs-Up Emoji Doesn’t Mean That Dad Disavowed His Child–Bardales v. Lamothe
- Court Partially Enforces Amazon’s Non-Compete Against Employee Who Joined Google–Amazon v. Moyer
- Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. Amazon
- Internet Access Provider May Be Vicariously Liable for Subscribers’ BitTorrent Downloads–Warner Bros. v. Charter
- Your Periodic Reminder that Blogging About Litigation Can Generate More Litigation–Wexler v. Dorsey & Whitney
- Rounding Up Two Online Contract Formation Cases
- Roundup of the House Commerce Committee Hearing on Section 230
- The PLAN Act Proposes to Amend Section 230 to “Protect”…Landlords and Hotel Chains?
- Call for Participation: WIPIP 2020, Santa Clara University, Feb. 7-8, 2020 #WIPIP2020
- Top Myths About Content Moderation
- New Paper Explains Why Technologists Should Rally Behind Section 230
- Section 230 Helps Tumblr Defeat Nonconsensual Pornography Suit–Poole v. Tumblr
- Legal Research Services Are Struggling With Emojis and Emoticons
- E*Trade Defeats Copyright Claim Over Dancing Old Man in Commercial–Vacchi v. E*Trade
- More Teenagers Mistakenly Think “Private” Chat Conversations Will Remain Private–People v. JP
- Partial Screenshot Qualifies as Fair Use (on a Motion to Dismiss)–Yang v. Mic
- Section 230 Helps Search Engine Defeat “Right to Be Forgotten” Lawsuit–Mosha v. Yandex
- “Copyright Troll” Lawyer Gets Sanctioned (Again)–Sands v. Bauer Media
September 2019
- Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Newport Fishing
- IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. FTC
- Ninth Circuit Declines to Shelve Lawsuit Alleging Facebook Violated Illinois Biometric Privacy Statute
- Terrible Ninth Circuit 230(c)(2) Ruling Will Make the Internet More Dangerous–Enigma v. Malwarebytes
- And At the End of the Day, the CCPA Remains Very Much the Same (Guest Blog Post)
- Court Enforces Arbitration Clause in “Modified Clickwrap”–Chen v. Sierra Trading Post
- Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts
- Section 230 Applies to Facebook’s Post Removals and Account Suspensions–King v. Facebook
- Emojis Have Unsettled Grammar Rules (and Why Lawyers Should Care)
- There Is Essentially No Statute of Limitations for Online Copyright Infringement–APL v. US
- Reminder: The Copyright Office Will Be Yanking Eligibility for the DMCA Online Safe Harbor (Again)
August 2019
- Section 230 Protects HOA for Publishing Meeting Minutes–Eagle Ridge Townhouse Ass’n v. Snapp
- The Circuitous International Travel of Your Data (Guest Blog Post)
- A Significant Section 230 Defense Win in the Ninth Circuit–Dyroff v. Ultimate Software
- Another Politician Unconstitutionally Censored Constituents on Twitter–Campbell v. Reisch
- Section 230 Doesn’t Protect Print-on-Demand Vendor–Atari v. Sunfrog
- Domain Name Registrar Isn’t Liable for Counterfeit Goods–InvenTel v. GoDaddy
- Comments on Rep. Gosar’s “Stop the Censorship Act,” Another “Conservative” Attack on Section 230
- New Jersey Attorney Ethics Opinion Blesses Competitive Keyword Advertising (…or Does It?)
- Another Competitive Keyword Advertising Lawsuit Fails–Dr. Greenberg v. Perfect Body Image
- Copyright Protection for Banana Costumes Is, Uh, Bananas–Silvertop v. Kangaroo
- Claim Over Takedown Notice Triggers Anti-SLAPP Law & a Fee Shift–Complex v. X17 [EDITED TO CORRECT A MAJOR ERROR]
- Some Much-Needed Pushback on the Anti-Section 230 Craziness (Linkwrap)
- Correcting the Record on Section 230’s Legislative History (Guest Blog Post)
July 2019
- Second Circuit Issues Powerful Section 230 Win to Facebook in “Material Support for Terrorists” Case–Force v. Facebook
- Announcing the 2019 Edition of My Internet Law Casebook
- Consumers Can’t Understand the Online Contracts They “Agree” To. Now What? (Guest Blog Post)
- Facebook Defeats Pro Se Consumer Privacy Suit–Hassan v. Facebook
- Wisconsin Court Holds Amazon Can Be Strictly Liable for Marketplace Items–State Farm v. Amazon
- Lessons from Bumble’s Choice of Law Clause–King v. Bumble
- Russia Fucked With American Democracy, But It Can’t Fuck With Section 230–Federal Agency of News v. Facebook
- 1H 2019 Quick Links, Part 6 (Privacy, E-Commerce, & More)
- Another Blocked Facebook User Loses in Court–Dipp-Paz v. Facebook
- 1H 2019 Quick Links, Part 5 (Censorship, Defamation)
- Comments on the Hikind v. Ocasio-Cortez Lawsuit Over AOC’s Twitter Blocks
- A Recap of the Senate Judiciary Committee Hearing on Amending the California Consumer Privacy Act (Guest Blog Post)
- 1H 2019 Quick Links, Part 4 (Section 230, Content Moderation)
- Large and Diverse Coalition Issues a Statement of Principles to Help Evaluate UGC Liability Reform Proposals
- Comments on Sen. Hawley’s “[Ending] Support for Internet Censorship Act”
- Pres. Trump Violates the Constitution By Blocking @RealDonaldTrump Followers–Knight First Amendment v. Trump
- Amazon May Be Liable for Marketplace Items–Oberdorf v. Amazon
- 1H 2019 Quick Links, Part 3 (Trademarks)
- 1H 2019 Quick Links, Part 2 (Keyword Advertising)
- 1H 2019 Quick Links, Part 1 (Copyright & More)
- Amazon Might Be Liable for Defective Marketplace Items (But Only When It Tries to Warn Consumers)–Fox v. Amazon
- Section 230 Protects Snapchat from Liability for Cyberbullying–Grossman v. Rockaway Township
June 2019
- Latest Linkwrap on FOSTA’s Aftermath
- Facebook Defeats Alabama Injunction for Lack of Jurisdiction–Facebook v. KGS
- Private Publishers Aren’t State Actors–Manhattan Community Access v. Halleck
- Court Declines to Dismiss Data Breach Claims Against Facebook Based on Access Token Incident–Bass v. Facebook
- Want Companies to Comply with the CCPA? Delay Its Effective Date (Guest Blog Post)
- Your Periodic Reminder That Facebook Isn’t a State Actor–Williby v. Zuckerberg
- The Plaintiff Is Probably Pissed About Section 230–Fyk v. Facebook
- Linkwrap on Sen. Hawley’s Bill Attacking Section 230
- Twitter Gets Another Significant Section 230 Win in Lawsuit by Suspended User–Murphy v. Twitter
- [Statute of] Queen Anne’s Revenge? Supreme Court Grants Certiorari in Allen v. Cooper
- Once Again, Section 230 Protects Twitter’s Account Suspension Decisions–Brittain v. Twitter
- Vermont Supreme Court Dismisses Nonconsensual Pornography Prosecution–State v. VanBuren
- D.C. Circuit Issues Sweeping Pro-Section 230 Opinion–Marshall’s Locksmith v. Google
- Contract Breach Claims Against Google Survive First Amendment Defense–Dreamstime v. Google
- The Florida Bar Regulates, But Doesn’t Ban, Competitive Keyword Ads
- “IAPP Content Moderation in 2019” Conference Recap
May 2019
- Section 230 Doesn’t End Lawsuit Claiming Facebook Facilitated Sex Trafficking–Doe v. Facebook
- HuffPost Gets 512(c) Defense for Contributor-Uploaded Photo–Downs v. Oath
- Section 230 Helps Facebook Easily Defeat Claims Over a User’s Post–Richard v. Facebook
- Amazon Isn’t Liable for Defective Marketplace Sale (No Thanks to Section 230)–Erie Insurance v. Amazon
- Section 230 Protects Tor Project from Liability for Tragic Drug Overdose–Seaver v. Estate of Cazes
- A Recap of My Recent Section 230 Papers
- New Multi-Disciplinary Course Improves Communications Among Silicon Valley Professionals (SCU Press Release)
- Court Rejects Service of Process Via Amazon Messaging–Noco v. Chang
- Terminated AdSense Publishers Can’t Get Their Accrued Earnings–eOnline v. Google
- A Fight for Authorship and Ownership of 150+ Quilt Patterns, and Bad Business Planning (Guest Blog Post)
- Section 230 Protects Facebook’s Account and Content Restriction Decisions–Ebeid v. Facebook
- Using Third Party Trademarks as Hashtags Creates an Implied Association–Align v. Strauss (Guest Blog Post)
- Airbnb Gets Mixed Results in Challenge to Boston’s Anti-Airbnb Law–Airbnb v. Boston
- Wisconsin Supreme Court Fixes a Bad Section 230 Opinion—Daniel v. Armslist
- New Essay: The Complicated Story of FOSTA and Section 230
- Ninth Circuit Chunks Another Section 230 Ruling—HomeAway v. Santa Monica (Catch-up Post)
April 2019
- Ex-Employee’s Continued Use of Twitter Account May Be Conversion–Farm Journal v. Johnson
- Roundup of February’s ‘COMO at Scale Brussels’ Event
- Second Circuit Judges Brawl Over the Meaning of “Volition” in Copyright Cases–BWP v. Polyvore
- Photographer Sues for Failure to Provide Creative Commons-Required Attribution–Philpot v. WOS
- New Paper: “Why Section 230 Is Better Than the First Amendment”
- Forming an Online Contract May Be Harder Than Tough Mudder’s Salmon Ladder
- Allegedly Defamatory Tweet About Non-Resident Insufficient to Confer Jurisdiction
- Eleventh Lawsuit Against Social Media Providers for “Materially Supporting Terrorists” Fails–Palmucci v. Twitter
- Copyright Lawsuits Over Product Shots Are Stupid–eTrailer v. Automatic Equipment
- Another Government Impermissibly Censors Constituents on Facebook–Robinson v. Hunt County
- Another Appellate Court Rejects “Material Support for Terrorist” Claims Against Social Media Platforms–Crosby v. Twitter
- Section 230 Applies to ADA Closed Captioning Claims–National Federation of the Deaf v. Harvard
- An Email Inbox Isn’t a “Place” for Purposes of Florida Privacy Law–Hall v. Sargeant
- Recap of the Copyright Office’s Section 512 Study Roundtable
- Court Says California’s Anti-Spam Statute Doesn’t Regulate Affiliate Networks–Bank v. Hydra
- How Have Section 512(f) Cases Fared Since 2017? (Spoiler: Not Well)
- Online Marketplace Defeats Trademark Suit Because It’s Not the “Seller”–OSU v. Redbubble
- Blogger’s Screenshot of a Newspaper Page Qualifies as Fair Use–Clark v. TransAlt
- New Paper Announcement: “Copyright’s Memory Hole”
- Copyright Registration, Publication on the Internet, and the Revolving “Back Door to Berne” (Guest Blog Post)
March 2019
- Rounding Up Three Recent Keyword Advertising Cases–Comphy v. Amazon & More
- Important Section 230 Ruling from the Second Circuit–Herrick v. Grindr
- March Madness! Court Dismisses Lawsuit Over Massive Cyberattack After Basketball Game Loss–Higgins v. Kentucky Sports Radio
- Ruling in Emoji Beach Ball IP Case Left Me Confused 😕–Kangaroo v. Amazon
- Tenth Lawsuit Against Social Media Providers for “Materially Supporting Terrorists” Fails–Sinclair v. Twitter
- Two Examples of How Courts Interpret Emojis
- More Kardashian Drama: A Legal Fight Over Ownership of the Kimoji Emoji Set–Liebensohn v. Kardashian (Guest Blog Post)
- Court Tosses Antitrust Claims That Internet Giants Are Biased Against Conservatives–Freedom Watch v. Google
- Do Adjacent Organic Search Results Constitute Trademark Infringement? Of Course Not…But…–America CAN! v. CDF
- TTAB Denies Trademark Registration for #MagicNumber108 Tagmark–In re DePorter (Guest Blog Post)
- Tweet Containing Question Mark Isn’t Defamatory–Boulger v. Woods
- Section 230 Preempts Unfair Competition Law Claim–Taylor v. Twitter
- Supreme Court Requires Completed Copyright Registration Before Filing Suit–Fourth Estate Public Benefit v. Wall-Street (Guest Blog Post)
- Twitter Defeats Yet Another Lawsuit from a Suspended User–Cox v. Twitter
- Filtering Software Defeats Another Lawsuit–PC Drivers v. Malwarebytes
- It’s Really Hard to Win a Motion to Dismiss Based on 512(c)–Myeress v. Buzzfeed
- Another Failed Legal Challenge to Zillow’s Zestimate–EJ MGT v. Zillow
- Post-Charlottesville Doxxing and Misidentification Creates Legal Risks–Vangheluwe v. GotNews
February 2019
- Top Internet Law Developments of 2018
- 2H 2018 Quick Links, Part 7 (Content Moderation, Section 230, & More)
- Recap of the California Assembly Hearing on the California Consumer Privacy Act
- Another Politician Probably Violated the First Amendment By Blocking a Constituent on Twitter–Campbell v. Reisch
- Copyright May Protect a Car Wash’s Liability Disclaimer–Rassamni v. Fresno Auto Spa
- A Status Report on the California Consumer Privacy Act
- What’s New With Emoji Law? An Interview
January 2019
- Emoji Law 2018 Year-in-Review
- Unhappy AdWords Advertiser’s Lawsuit Partially Survives Motion to Dismiss–Dreamstime v. Google
- Who Benefited from FOSTA? (Spoiler: Probably No One)
- Illinois Supreme Court Authorizes Biometric Lawsuits Without Any Allegation of Harm–Rosenbach v. Six Flags
- Unmasking Effort Mooted by Single Publication Rule–Glassdoor v. Andra
- An Analysis of Title I and Title III of The Music Modernization Act, Part 2 of 2 (Guest Blog Post)
- An Analysis of Title I and Title III of The Music Modernization Act, Part 1 of 2 (Guest Blog Post)
- Fourth Amendment Limits NYC’s Demands for Airbnb Customer Records
- 41 California Privacy Experts Urge Major Changes to the California Consumer Privacy Act
- Blocking Constituents from Facebook Page Violates First Amendment–Davison v. Randall
- Must Universities Shut Down Constitutionally Protected Speech Forums That Also Enable Student Harassment?
- Announcing COMO Brussels, the Fourth Edition of the “Content Moderation at Scale” Conference Series, Feb. 5
- 2H 2018 Quick Links, Part 6 (IP, E-Commerce, Censorship, & More)
- Twitter’s TOS Upheld Despite Unilateral Amendment Clause—Brittain v. Twitter
- 2H 2018 Quick Links, Part 5 (Privacy, Advertising, Consumer Reviews)
- 2H 2018 Quick Links, Part 4 (Trespass, Contracts)
- Announcing the Fourth Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman
- 2H 2018 Quick Links, Part 3 (Keyword Advertising)
- 2H 2018 Quick Links, Part 2 (Trademarks)
- 2H 2018 Quick Links, Part 1 (Copyright)
- Ninth Lawsuit Against Social Media Providers for “Materially Supporting Terrorists” Fails–Clayborn v. Twitter
- When a $1M+ Publicity Rights Damages Award Isn’t a Win–Olive v. GNC
- Best and Worst Internet Laws [Repost from Concurring Opinions’ Archive]
- Real Estate Appraisals and Copyrighting Facts [Repost from Concurring Opinions’ Archive]
- MySpace Sued for Facilitating Offline Sexual Assaults [Repost from Concurring Opinions’ Archive]
2018 182
December 2018
- Google Photos Defeats Privacy Lawsuit Over Face Scans–Rivera v. Google
- Avvo Defeats False Advertising Lawsuit Alleging Pay-to-Play–Davis v. Avvo
- The Ongoing Saga of the Florida Bar’s Angst About Competitive Keyword Advertising
- Consumers Don’t Confuse Almond Milk and Cow Milk–Painter v. Blue Diamond
- Your Periodic Reminder That Keyword Ad Lawsuits Are Stupid–Passport Health v. Avance
- Screenshotting a Newspaper Page May Infringe a Licensed Photo–Hirsch v. Complex
- Two Pro Se Section 230 Rulings–Scott v. Carlson & Watkins v. Carr
- If Your Trademark Case Depends on Showing Initial Interest Confusion, Save Your Money–Select Comfort v. John Baxter
- Another Section 512(f) Case Fails–ISE v. Longarzo
- Fair Use for “Meme” Can’t Be Decided on Motion to Dismiss—Philpot v. Alternet Media (Guest Blog Post)
- Another Gambling Case Over Online Virtual Coins Proceeds–Wilson v. Playtika
- Eighth Lawsuit Against Social Media Providers for “Materially Supporting Terrorists” Fails–Copeland v. Twitter
- The EU Anti-Geoblocking Regulation Becomes Effective Today (Guest Blog Post)
November 2018
- Everything You Wanted to Know About Emojis and the Law
- 512(h) Doesn’t Preempt Doe Unmasking Lawsuits–Strike 3 v. Doe
- Failure-to-Warn Claim Against Match.com Fails–Beckman v. Match.com
- Restricting Competitive Keyword Ads Is Anti-Competitive–FTC v. 1-800 Contacts
- Ninth Circuit Easily Dismisses YouTube Remove-and-Relocate Case–Darnaa v. Google
- 512(f) Claim Over Counternotice Survives Motion to Dismiss–Handshoe v. Perret
- Court Blasts “Copyright Troll” for Treating Courts “as an ATM”–Strike 3 v. Doe
- Gambling App Fails to Create Binding Terms of Service–Wilson v. Huuuge
- Another Suspended Twitter User Loses in Court–Kimbrell v. Twitter
- Another YouTube Remove-and-Relocate Case Fails–Kinney v. YouTube
- FOSTA’s Political Curse
- Reminder: Cutting-and-Pasting Photos from the Internet Is Hazardous to Your Legal Health–Grecco v. Valuewalk
- Is the DTSA Ex Parte Seizure Provision Constitutional?
- Section 230 Doesn’t Support Habeus Petition by ‘Revenge’ Pornographer–Bollaert v. Gore
- Angie’s List Defeats Lawsuit Over Alleged “Pay-to-Play” Rankings–Strauss v. Angie’s List
- Defendant Can’t Send Virtual Gambling Claims to Arbitration
- Racial Discrimination Lawsuit Against Airbnb Has the Potential to Change Online Marketplaces–Harrington v. Airbnb
October 2018
- Seventh Different Lawsuit Against Social Media Providers for “Material Support to Terrorists” Fails–Taamneh v. Twitter
- Video Advertising Contract Descends Into Possible “Cyberattack”–Radian Weapons v. GY6Vids
- Section 230 Protects Twitter’s Decision to Suspend User’s Account–Mezey v. Twitter
- Ninth Circuit Interprets Autodialer Broadly For TCPA Purposes
- Swedish Court Misunderstands Memes (Guest Blog Post)
- An Analysis of Title II of Public Law 115-264: The Classics Protection and Access Act (Guest Blog Post)
- Call for Papers/Participation: 9th Annual Internet Law Works-in-Progress, SCU, March 2, 2019
- Section 230 Applies to Defend Trade Secret Act Claims–Craft Beer Stellar v. Glassdoor
- FOSTA Doesn’t Help Pro Se Litigant’s Defamation Claim Against Facebook
- Constitutional Challenge to FOSTA Dismissed for Lack of Standing (Guest Blog Post)
- Google Successfully Amends Its AdWords TOS to Add Arbitration Clause–Trudeau v. Google
- Blogger Defeats Defamation Claims Over Posts Claiming a “Scam”–RainSoft v. MacFarland
- California’s IoT Security Law is Well-Intentioned, but a Comprehensive Federal Law is Needed (Guest Blog Post)
- California Amends the Consumer Privacy Act (CCPA); Fixes About 0.01% of its Problems
- Good News! USMCA (a/k/a NAFTA 2.0) Embraces Section 230-Like Internet Immunity
- How to Obtain a Global Injunction in a Copyright Infringement Case (Guest Blog Post)
- Another Social Media “Material Support to Terrorists” Lawsuit Fails–Cain v. Twitter
September 2018
- Another 512(f) Case Fails–Handshoe v. Perret
- Section 230 Helps Malware Vendor Avoid Liability for Blocking Decision–PC Drivers v. Malwarebytes
- The Necessity of Geoblocking in the Age of (Almost) Unavoidable Geolocation (Guest Blog Post)
- Twitter Isn’t Liable for Impersonation Account–Dehen v. Doe
- Departing Employee Required to Transfer Social Media Accounts–Hyperheal Hyperbarics v. Shapiro
- Section 230’s Success in Under-the-Radar Cases
- Roca Labs’ Anti-Review Clause Violates FTC Act–FTC v. Roca Labs
- IP Address Subscriber Isn’t Liable for Copyright Infringement by Users Sharing That IP Address–Cobbler v. Gonzales
- Vermont’s “Revenge Porn” Crime Survives Constitutional Challenge–State v. VanBuren
August 2018
- California Lawmakers Want a Study of Fake News (If Someone Else Pays for It)
- Comments on Trump’s Empty Tweetstorm Threatening Social Media Providers
- “Material Support for Terrorists” Lawsuit Against YouTube Fails Again–Gonzalez v. Google
- Another Failed Trademark Suit Over Competitive Keyword Advertising–JIVE v. Wine Racks America
- Twitter Gets Powerful Win in “Must-Carry” Lawsuit–Taylor v. Twitter
- Recent Developments Regarding the California Consumer Privacy Act
- Negative Keywords Help Defeat Preliminary Injunction–DealDash v. ContextLogic
- An Update on the Constitutional Court Challenge to FOSTA–Woodhull Freedom v. US (Guest Blog Post)
- The California Consumer Privacy Act Should Be Condemned, Not Celebrated (Cross-Post)
- The Florida Bar and Competitive Keyword Advertising: A Tragicomedy (in 3 Parts)
July 2018
- A Cautionary Tale of Sarcasm in Social Media–Ross v. City of Jackson
- GoDaddy & Instagram Avoid Liability for Users’ Photos of Knockoff Goods–Franklin v. X Gear 101
- A First (But Very Incomplete) Crack at Inventorying the California Consumer Privacy Act’s Problems
- Announcing the 2018 Edition of My Internet Law Casebook
- Advertiser’s Suit Against Google Loses for Third (and Final) Time–Abid v. Google
- Unlinked Webpage Doesn’t Support Trademark Infringement–Nelson-Ricks v. Lakeview
- Businesses Cannot Contractually Ban “Abusive” Consumer Reviews
- COMO: Content Moderation at Scale Conference Recap
- Trolling the Internet for Photos Creates Copyright Headaches for Ad Agency (and the Advertiser)–Laspata v. Rimowa
- Q2 2018 Quick Links, Part 5 (Potpourri)
- Indianapolis Police Have Been “Blinded Lately Because They Shut Backpage Down”
- Ten Reasons Why California’s New Data Protection Law is Unworkable, Burdensome, and Possibly Unconstitutional (Guest Blog Post)
- Q2 2018 Quick Links, Part 4 (Social Media, Section 230, Defamation)
- Q2 2018 Quick Links, Part 3 (Privacy, Advertising, E-Commerce)
- Amazon Again Avoids Liability for Defective Marketplace Item–Fox v. Amazon
- Section 230 Helps Facebook Defeat Pro Se Defamation Suit–Jefferson v. Facebook
- Constitutional Challenge Against FOSTA Filed–Woodhull v. US (Guest Blog Post)
- First Amendment Doesn’t Prevent Probationer Condition Restricting the Display of Illegal Activity on Social Media–In re Jawan S.
- Q2 2018 Quick Links, Part 2 (Copyright)
- The California Supreme Court Didn’t Ruin Section 230 (Today)–Hassell v. Bird
- Q2 2018 Quick Links, Part 1 (Trademarks and Other IP)
June 2018
- Uber’s Contract Formation Process Fails (Again)–Cullinane v. Uber
- The “CREEPER Act” Would Be Yet Another Unconstitutional Law from Congress (Guest Blog Post)
- A Privacy Bomb Is About to Be Dropped on the California Economy and the Global Internet
- Challenge to Santa Monica’s “Anti-Airbnb” Law Dismissed–Homeaway v. Santa Monica
- Court Dismisses Privacy Claims Against Email Subscription Management Tool–Cooper v. UnrollMe
- Catching Up on FOSTA Since Its Enactment (A Linkwrap)
- Twitter Isn’t a Shopping Mall for First Amendment Purposes (Duh)–Johnson v. Twitter
- Snapchat’s Speed Filter Not Protected by Section 230–Maynard v. Snapchat
- Appeals Court Curbs FTC’s Enforcement of Security Standards–LabMD v. FTC
- Viacom Possesses Trademark Rights in ‘Krusty Krab’ Based on Its Central Role in the SpongeBob Universe–Viacom v. IJR (Guest Blog Post)
- Court Allows “Battery by GIF” Claim to Proceed–Eichenwald v. Rivello
- Lawsuit Over Cancer-Curing Honey Ads Still Sucks–Abid v. Google
- More Bad News for Uber’s Contract Formation–Ramos v. Uber
- Craigslist Sex Sting Prosecution Rejected as “Outrageous Misconduct”–Washington v. Solomon
- TWiT’s Trademark Lawsuit Against Twitter Sent Back to the Drawing Board
May 2018
- President Trump Violated the First Amendment by Blocking Users @realdonaldtrump
- Who Needs a Copyright Small Claims Court? Evidence from the U.K.’s IP Enterprise Court (Guest Blog Post)
- Redfin Must Defend Copyright Suit Over Property Photos–Stross v. Redfin
- Illinois Users’ Face-Scanning Privacy Lawsuit Against Facebook Headed to Trial
- YouTube Defeats Another Remove-and-Relocate Lawsuit–Song Fi v. Google
- “Nerd’s Version of a Fist Fight” Doesn’t Support Injunction Against Blogger–Santilli v. Van Erp
- Bittersweet DMCA Safe Harbor Defense Win in Ninth Circuit–Ventura v. Motherless (Catch-Up Post)
- A DMCA Section 512(f) Case Survives Dismissal–ISE v. Longarzo (Catch-up Post)
- The Ninth Circuit STILL Thinks Keyword Metatags Matter in 2018–Adidas v. Skechers
- First Amendment Doesn’t Protect Encouraging Readers to Make Anti-Semitic Attacks–Gersh v. Daily Stormer
- Section 230 Doesn’t Provide a Basis To Remove Cases to Federal Court–A.R.K. v. Grindr
- Another Court Says Competitive Keyword Advertising Doesn’t Cause Confusion
April 2018
- Recapping a Year’s Worth of Section 230 Cases That Got Stuck in My Blogging Queue
- Competitive Keyword Advertising Doesn’t Show Bad Intent–ONEpul v. BagSpot
- Wisconsin Appeals Court Blows Open Big Holes in Section 230–Daniel v. Armslist
- Google Successfully Amends Adwords Contract to Add Arbitration–AdTrader v. Google
- More Aftermath from the ‘Worst of Both Worlds FOSTA’
- Court Affirms Stalking and Harassment Conviction for Tagged Tweets–In re AJB
- Conference on IP Enforcement at Trade Shows, UNLV, October 4, 2018 (Guest Blog Post)
- 2H 2017 & Q1 2018 Quick Links, Part 6: Privacy and More
- Google Can Reject Ads Promoting Honey That Claims to Cure Cancer–Abid v. Google
- Airbnb Defeats Race Discrimination Claims–Harrington v. Airbnb
- 2H 2017 & Q1 2018 Quick Links, Part 5: Marketing, Advertising, Retailing
- VRBO’s Anti-Fraud Guarantee Doesn’t Support Claim Over Fraudulent Listing–Hiam v. HomeAway
- 2H 2017 & Q1 2018 Quick Links, Part 4: Censorship, Content Moderation
- ‘Worst of Both Worlds’ FOSTA Signed Into Law, Completing Section 230’s Evisceration
- 2H 2017 & Q1 2018 Quick Links, Part 3: Section 230, Consumer Reviews
- 2H 2017 & Q1 2018 Quick Links, Part 2: Innovation and Confidentiality
- DMCA Safe Harbor Applies to Some Unfair Competition Claims–Capitol Records v. Vimeo
- Fifth Court Rejects ‘Material Support for Terrorism’ Claims Against Social Media Sites–Crosby v. Twitter
- Kentucky Governor Can Block Constituents on Social Media–Morgan v. Bevin
- Backpage Loses Another Section 230 Motion (Again Without SESTA/FOSTA)–Florida Abolitionists v. Backpage
- Researchers’ Challenge to CFAA Moves Forward–Sandvig v. Sessions
- 2H 2017 & Q1 2018 Quick Links, Part 1: Copyright, Trademarks, Keyword Ads
- Realistic Docudramas Don’t Violate California Publicity Rights–deHavilland v. FX
March 2018
- Lindsay Lohan Loses Publicity Rights Case Over Grand Theft Auto–Lohan v. Take-Two
- District Court Ruling Highlights Congress’ Hastiness To Pass ‘Worst of Both Worlds FOSTA’– Doe 1 v. Backpage
- More on the Unconstitutional Retroactivity of ‘Worst of Both Worlds FOSTA’ (Guest Blog Post)
- Ninth Circuit Reinstates Virtual Platform Gambling Lawsuit Against Big Fish
- DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Vodka and Milk
- YouTube Isn’t a Company Town (Duh)–Prager University v. Google
- Senate Passes ‘Worst of Both Worlds FOSTA’ (Linkwrap)
- Why FOSTA’s Restriction on Prostitution Promotion Violates the First Amendment (Guest Blog Post)
- SESTA’s Sponsors Still Don’t Understand Section 230 (As They Are About to Eviscerate It)
- Can the ‘Worst of Both Worlds FOSTA’ Be Salvaged? Perhaps…and You Can Help (URGENT CALL TO ACTION)
- Maternity Clothing Trademark Dispute Has Dubious Support–Blanqi v. Bao Bei (Guest Blog Post)
- Section 230 Doesn’t Prevent City Regulation of Short-Term Rental Services (Again)–HomeAway v. Santa Monica
- Top Internet Law Developments of 2017 (Very Late)
- Copyright Office Won’t Register ‘Middle-Finger Pictogram’ As Literary Work–Ashton v. Copyright Office
- Adpocalypse LawsuitGoBoom–ZombieGoBoom v. YouTube
- D.C. Circuit Makes Geoblocking De Facto Mandatory for Copyright Law Purposes–Spanski v. TV Polska (Guest Blog Post)
- UN’s “Privacy Rapporteur” Speaking at Santa Clara University April 9
- Ripoff Report Is “Lucky” Plaintiff Didn’t Allege Extortion–Albert v. Ragland
- The European Union Anti-Geoblocking Regulation Isn’t the End of the Anti-Geoblocking Battle (Guest Blog Post)
- Are Internet Access Providers Liable for Their Subscribers’ Copyright Infringements?–UMG v. Grande
- Video News Aggregator Loses Fair Use Defense–Fox v. TVEyes
February 2018
- Congress Probably Will Ruin Section 230 This Week (SESTA/FOSTA Updates)
- RSS Feeds I Still Subscribe To After a Dozen Years
- Google Gets Easy Section 230 Win in DC Circuit–Bennett v. Google
- Design Principles for Consumer Protection Legislation (Guest Blog Post)
- In-Line Linking May Be Copyright Infringement–Goldman v. Breitbart News
- Roundup of Materials from HTLI’s Content Moderation & Removal Conference
- Cox Loses DMCA Safe Harbor but Gets a New Trial on Contributory Infringement–BMG v. Cox
- Brief Roundup of Three Keyword Advertising Lawsuit Developments
- Twitter Defamation Claim Defeated by a Question Mark–Boulger v. Woods
- Copyright Owner Can Serve DMCA Counter-Notifier by Email–Epic Games v. Mendes
January 2018
- Twitter Didn’t Cause ISIS-Inspired Terrorism–Fields v. Twitter
- Displaying Emoji Evidence in Judicial Opinions
- Plaintiff’s Location-Based Privacy Claim Against BART Reporting App Fails
- DMCA Counternotification Doesn’t Create Personal Jurisdiction in Copyright Owner’s Home Court–Real v. Matteo
- Call for Papers: IAMCR 2018 in Oregon
- Some Upcoming Internet Law and Privacy Events at Santa Clara Law
- Section 230 Again Preempts Suit Against Facebook for Supporting Terrorists–Force v. Facebook
- 55 Academics and Advocates Urge NAFTA Trade Negotiators To Add Internet Immunity
- What’s New With SESTA/FOSTA (January 17, 2018 edition)
- Search Engines Aren’t Liable for Indexing ‘Scam’ Locksmith Listings–Baldino’s Lock v. Google
- A Patent For Geotagging IP Packets Raises Important Internet Law Questions (Guest Blog Post)
- Online Marketplace Not Enjoined Over Gray Market Goods Sales–Dentsply v. Net32
- Airbnb Gets Crucial Section 230 Win Over Unauthorized Subleases–La Park La Brea v. Airbnb
- Some Blog News: We’re Now Hosted by Justia!
2017 172
December 2017
- Narrow Definition of “Personally Identifiable Information” Kills VPPA Case–Eichenberger v. ESPN
- Facebook Defeats Lawsuit Over Tracking Logged-Out Users–In re Facebook Internet Tracking
- New House Bill (Substitute FOSTA) Has More Promising Approach to Regulating Online Sex Trafficking
- Fourth Judge Says Social Media Sites Aren’t Liable for Supporting Terrorists–Pennie v. Twitter
- Social Networking Site Isn’t Liable for User’s Overdose of Drugs He Bought Via the Site–Dyroff v. Ultimate Software
November 2017
- Interesting Tidbits From FTC’s Antitrust Win Against 1-800 Contacts’ Keyword Ad Restrictions
- Zazzle Loses Copyright Jury Verdict, and That’s Bad News for Print-on-Demand Publishers–Greg Young Publishing v. Zazzle
- ‘Blacklist’ of ModelMayhem Members Defeats Legal Liability–Brenner v. Hill
- Privacy Plaintiffs Lack Standing Against NBA 2K15’s Face-Scanning Technology
- Woman Fired For Pro-Trump Tweet Gets Unemployment Benefits–Waverly Heights v. Jungclaus
- Commemorating the 20 Year Anniversary of Zeran v. AOL
- Presentation on the First 18 Months of the Defend Trade Secrets Act
- Facebook Defeats Lawsuit By User Suspended Over ‘Bowling Green Massacre’–Shulman v. Facebook
- Repeated Unwanted Emails to Politician’s Personal Email Address Can be Harassment–Hagedorn v. Cattani
- YouTube Defeats Defamation Claim in ‘Remove-and-Relocate’ Case–Bartholomew v. YouTube
- Section 230(c)(2) Protects Anti-Malware Vendor–Enigma v. Malwarebytes
- Court Rejects Gossip Site’s Fair Use Defense–Barcroft v. Coed Media
- How SESTA Undermines Section 230’s Good Samaritan Provisions
- Would Shutting Down Backpage Reduce Violence Against Women? (Guest Blog Post)
- Manager’s Amendment for SESTA Slightly Improves a Still-Terrible Bill
- US Court Protects Google From Canadian Court’s Delisting Order–Google v. Equustek
- Another Human Trafficking Expert Raises Concerns About SESTA (Guest Blog Post)
October 2017
- Another SESTA Linkwrap (Week of October 30)
- Association Isn’t Liable for Its Members’ Message Board Postings–Inge v. Central Motorcycle Roadracing Association
- Is Wikileaks Protected by Section 230? The Trump Campaign Thinks So
- Another Court Rejects ‘Material Support To Terrorists’ Claims Against Social Media Sites–Gonzalez v. Google
- Recent SESTA Developments (A Linkwrap)
- Call for Projects/Papers/Participation for 8th Annual Internet Law Works-in-Progress Conference, NYLS, March 24, 2018
- First Circuit Rejects Copyright Workaround to Section 230–Small Justice v. Ripoff Report
- Conference Announcement: “Content Moderation & Removal at Scale,” SCU, Feb. 2
- Hyperlinking to Sources Can Help Defeat Defamation Claims–Adelson v. Harris
- App Listening For Audio Beacons May Be Illegal Wiretapping–Rackemann v. Colts
- Section 230’s Applicability to ‘Inconsistent’ State Laws (Guest Blog Post)
- An Overview of Congress’ Pending Legislation on Sex Trafficking (Guest Blog Post)
- Message Board Operator Isn’t Liable for Highlighting User Comments–Ayyadurai v. Techdirt
September 2017
- The DOJ’s Busts of MyRedbook & Rentboy Show How Backpage Might Be Prosecuted (Guest Blog Post)
- Nigerians Phish a B2B Transaction & Steal $736k. Who Bears the Loss?–Beau Townsend Ford v. Don Hinds Ford
- Problems With SESTA’s Retroactivity Provision (Guest Blog Post)
- New Essay: The Ten Most Important Section 230 Rulings
- My Senate Testimony on SESTA + SESTA Hearing Linkwrap
- Debunking Some Myths About Section 230 and Sex Trafficking (Guest Blog Post)
- Congress Is About To Ruin Its Online Free Speech Masterpiece (Cross-Post)
- University Defeats Cyberbullying Lawsuit Related to Yik Yak–Feminist Majority v. UMW
- Ninth Circuit Blesses Amazon’s Terms of Service
- Face Scanning Lawsuit Against Shutterfly Survives Motion to Dismiss
- Doubling (& Tripling) Down on Trademark Protection For Secret Menu Items–In-N-Out v. Smashburger (Guest Blog Post)
- Facebook Wins Appeal Over Allegedly Discriminatory Content Removal–Sikhs for Justice v. Facebook
- No “Contract By Tweet” for Plaintiff Who Pitches Movie Idea via Social Media
- Catching Up on Ninth Circuit CFAA Jurisprudence (Internet Law Casebook Excerpt)
- Global Content Removals Based on Local Legal Violations (Internet Law Casebook Excerpt)
- Non-Compete Applies To Facebook Page for Unlaunched Business–Joseph v. O’Laughlin
August 2017
- Blogger Isn’t Liable for Anonymous Comments–Griffith v. Wall
- Section 512(f) Complaint Survives Motion to Dismiss–Johnson v. New Destiny Church
- On Remand, Ninth Circuit Says Robins Satisfied Article III Standing
- German Court Says Ad-Blocking is Liberation, Not Extortion (Guest Blog Post)
- Homeowners Can’t Sue Over Low Zestimates–Patel v. Zillow
- ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein
- Backpage Executives Must Face Money Laundering Charges Despite Section 230–People v. Ferrer
- Browsewrap/Clickwrap Distinction Vexes Another Court–Nevarez v. Ticketmaster
- Uber’s Contract Upheld in Second Circuit–Meyer v. Uber
- White-on-White Trademark Usage Might Constitute Initial Interest Confusion–Agdia v. Xia
- LinkedIn Enjoined From Blocking Scraper–hiQ v. LinkedIn
- How Section 230 Helps Sex Trafficking Victims (and SESTA Would Hurt Them) (Guest Blog Post)
- LinkedIn Connection Request Doesn’t Violate Non-Solicitation Clause—Bankers Life v. American Senior Benefits
- Facebook Defeats Another Case Over Not Removing User Comments–La’Tiejira v. Facebook
- Trademark Injunction Issued Against Print-on-Demand Website–Harley Davidson v. SunFrog
- Facebook Defeats Lawsuit Over Failure to Remove User Pages–Cross v. Facebook
- Sen. Portman Says SESTA Doesn’t Affect the Good Samaritan Defense. He’s Wrong
- Section 230 Helps Yahoo Defeat Lawsuit Over Online Harassment Campaign–Hall v. Yahoo
- 1H 2017 Quick Links, Part 9 (Justice System, Social Media, Miscellaneous)
- 1H 2017 Quick Links, Part 8 (Trump, Immigration)
- ‘Blatant Sales Pitch’ on LinkedIn Likely Violates Non-solicitation Clause–Mobile Mini v. Vevea
- Section 230 Helps VRBO Defeat Claim Over Fraudulent Listing–Hiam v. Homeaway
- 1H 2017 Quick Links Part 7 (Fake News, RTBF, Censorship, Extremist Content)
July 2017
- Senate’s “Stop Enabling Sex Traffickers Act of 2017”–and Section 230’s Imminent Evisceration
- 1H 2017 Quick Links, Part 6 (Defamation, Section 230, Consumer Reviews)
- Courts Keep Shredding Online Contract Formation Processes–McGhee v. NAB; Applebaum v. Lyft
- 1H 2017 Quick Links, Part 5 (Advertising, Contracts)
- Politician Can’t Ban Constituent From Her Official Facebook Page–Davison v. Loudoun County Supervisors
- Vegetarian Ethiopian Cookbook Copyright Lawsuit Turns Sour–Schleifer v. Berns
- Appropriation Artist Can’t Win Fair Use Defense on Motion to Dismiss–Graham v. Prince
- Announcing the 2017 Edition of ‘Internet Law: Cases & Materials’
- Court Can’t Ban Resident From Discussing HOA Online–Fox v. Hamptons at MetroWest Condos
- 1H 2017 Quick Links, Part 4 (Copyright, Patent, More)
- 1H 2017 Quick Links, Part 3 (Google, Facebook, Uber, Airbnb)
- 1H 2017 Quick Links, Part 2 (Privacy, Security)
- 1H 2017 Quick Links, Part 1 (Trademarks, Keyword Ads)
- When Do Review Websites Commit Extortion?–Icon Health v. ConsumerAffairs
- Facebook Persistent Tracking Lawsuit Crashes Again
- Yelp, Twitter and Facebook Aren’t State Actors–Quigley v. Yelp
June 2017
- Another Collision of Housing Regulations and Online Innovation–SF Housing Rights Committee v. HomeAway
- DMCA Safe Harbor Doesn’t Protect Zazzle’s Printing of Physical Items–Greg Young Publishing v. Zazzle
- Ill-Advised Copyright Lawsuit Over Facebook Live Video Becomes Costly For Plaintiff–Konangataa v. ABC
- Section 230 Protects Google’s Decision Not To De-Index Content–Bennett v. Google
- Does the Packingham Ruling Presage Greater Government Control Over Search Results? Or Less? (Guest Blog Post)
- Frequency of Courts’ References to Emojis and Emoticons Over Time
- Ban on Sex Offenders Using Social Media Violates First Amendment–Packingham v. North Carolina
- Trademark Registrations for Emojis
- “Offensive, Rude, Annoying, Mean-Spirited & Ill-Advised” Blog Posts Aren’t Defamatory–Milazzo v. Connolly
- Facebook Isn’t Liable for Fake User Account–Caraccioli v. Facebook
- Recapping the “Can Technology Rescue Democracy” Essay Series at The Atlantic
May 2017
- Copyright Registrations for Emoticons and Emojis
- Your Movements Shall Be Traced: The New EU Regulation on Cross-Border Portability (Guest Blog Post)
- Amazon Doesn’t “Sell” Its Marketplace Goods–Milo & Gabby v. Amazon
- How a Chipmunk Emoji Cost an Israeli Texter $2,200
- Facebook Defeats Lawsuit Over Material Support for Terrorists–Cohen v. Facebook
- Revisiting the Discoverability of Facebook Account Activity–Gordon v. TGR
- Google Gets Big Ninth Circuit Win That Its Eponymous Trademark Isn’t Generic–Elliott v. Google
- 1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. 1-800 Contacts
- Lawsuit Against Ripoff Report Dropped After Discovery–Vision Security v. Xcentric (Guest Blog Post)
- How Is Texting a Dick Pic Like Masturbating in a Person’s Presence?–State v. Decker
- To Geoblock, or Not To Geoblock – Is That Still a Question? (Guest Blog Post)
- New Draft Paper on Emojis and the Law
- A Photographer Sued a (Former) Student Over a School Project. Guess How That Turned Out–Reiner v. Nishimori
- Will Technology Destroy Our Democracy–or Save It? A Series of Papers at The Atlantic
- VPPA Still Doesn’t Protect App Downloaders–Perry v. CNN
- Catching Up On Some Recent Click Fraud Rulings
April 2017
- You Can’t Be Fired For a Facebook Post Calling Your Boss a “LOSER”–NLRB v. Pier Sixty
- New Draft Article: “Judicial Resolution of Nonconsensual Pornography Dissemination Cases”
- How Should a Lawyer Respond to a Yelp Review Calling Him “Worst. Ever.”?–Spencer v. Glover
- Faulty Mobile Device User Interface Jeopardizes Uber’s Contract Formation–Metter v. Uber
- Can Your Employer Fire You For Posting Vacation Photos to Facebook?–Jones v. Accentia
- Dozen Amicus Briefs Oppose the Worst Section 230 Ruling of 2016 (and One Supports It)–Hassell v. Bird
- FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. 1-800 Contacts
- Plaintiff Can’t Erase Court Order From the Internet–Nelson v. Social Security Commissioner
- The “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” Bill Would Be Bad News for Section 230
- Texas Supreme Court Is Skeptical About Wikipedia as a Dictionary–D Magazine v. Rosenthal
- Court Strikes Probation Condition Against Using a Device Containing Encryption–In re Mike H.
- Can Blogging Violate the Fair Housing Act?–Revock v. Cowpet Bay West Condo Ass’n
March 2017
- A Complaint’s Silence About Section 230 Helps It Survive Judgment on the Pleadings–Moretti v. Hertz
- E-SIGN and EFTA Permit Telephonic Consent to Automatic Debits with Mailed Confirmation–Blatt v. Capital One (Guest Blog Post)
- Trademark Lawsuit Claiming Organic Search Results Create Initial Interest Confusion Falls Apart–Larsen v. Larson
- Does “Raiders Fancast” Infringe the “Fancaster” Trademark?
- Your Periodic Reminder That Initial Interest Confusion Lawsuits Are Stupid–Epic v. YourCareUniverse
- Retailer’s TOS Fails, But New Jersey Warranty Notice Claim Loses Anyway
- WARNING: Draft “No Immunity for Sex Traffickers Online Act” Bill Poses Major Threat to Section 230
- Judge Balks At Section 230 Protection For Email Forwarding–Samsel v. DeSoto County School District
- eBay Isn’t Liable for Patent-Infringing Marketplace Sales–Blazer v. eBay
- Appeals Court Affirms Rejection of Gambling Claims Against Machine Zone
- Constitution Protects Publication of Politicians’ Home Address/Phone Number–Publius v. Boyer-Vine
- Trademark Owner’s Bubble Bursts In Lawsuit Over Soap–Bubble Genius v. Just Bubbly
- New Paper: “The Defend Trade Secrets Act Isn’t an ‘Intellectual Property’ Law”
- New Essay: Understanding the Consumer Review Fairness Act of 2016
- Section 230 Protects Grindr From Harrassed User’s Claims–Herrick v. Grindr
February 2017
- Revisiting If Suing Bloggers For Copyright Infringement Can Be Profitable–BWP v. Mishka
- Copyshop Covered By “Non-Commercial” Creative Commons License–Great Minds v. FedEx
- YouTube Defeats Another Remove-and-Relocate Case–Darnaa v. Google
- Illinois Anti-SLAPP Law Doesn’t Apply To Law Firm Blog Posts–Bock & Hatch v. McGuireWoods
- Ellen DeGeneres Defeats Lawsuit Over Breast Pun–TiTi Pierce v. Warner Bros
- University Rejection of Students’ Marijuana-Themed T-Shirt Violates First Amendment–Gerlich v. Leath
- Copyright Office Q&A Session About The New Online DMCA Designated Agents Directory
- First Amendment Protects Google’s De-Indexing of “Pure Spam” Websites–e-ventures v. Google
- Melania Loses Defamation Lawsuit on Jurisdiction Grounds–Trump v. Tarpley
- Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v. Amazon
- The DTSA’s Ex Parte Seizure Order: The “Ex” Stands for “Extraordinary” (Guest Blog Post)
January 2017
- Actress in Viral Video Can’t Prevent Video From Being Made Into an Advertisement–Roberts v. Bliss
- Section 230 Helps Snapchat Defeat Personal Injury Claim Due to ‘Speed Filter’–Maynard v. McGee
- Trump Can’t Commit Twibel Because He Routinely ‘Deflects Serious Consideration’–Jacobus v. Trump
- 2H 2016 Quick Links, Part 11 (Social Media, Harassment, E-Discovery & More)
- 2H 2016 Quick Links, Part 10 (Marketing, Uber, Airbnb, Taxes & More)
- Student Disciplined for Posting Threatening Mashup Video to Instagram–AN v. Upper Perkiomen School District
- Another Court Rejects DTSA Ex Parte Seizure–Brunswick Rail v Sultanov
- Top 10 Internet Law Developments of 2016
- A Seismic Ruling Revisited: No Common-Law Public Performance Rights in Pre-1972 Sound Recordings in New York–Flo & Eddie v. Sirius
- 2H 2016 Quick Links, Part 9 (Privacy/Security)
- 2H 2016 Quick Links, Part 8 (Fake News, Terrorist Content, Censorship & More)
- 2H 2016 Quick Links, Part 7 (Consumer Reviews & Defamation)
- Does Google’s Non-Disclosure Agreement With Employees Overreach? (Guest Blog Post)
- Freelance Blogger Denied Unemployment Insurance–In re Mitchell
- Ten Worst Section 230 Rulings of 2016 (Plus the Five Best)
- 2H 2016 Quick Links, Part 6 (Section 230)
- 2H 2016 Quick Links, Part 5 (Patents, Other IP, Employment, CFAA)
2016 180
December 2016
- Tweeting Death Threats Isn’t Juvenile Delinquency–In re R.D.
- 2H 2016 Quick Links, Part 4 (Counterfeits and Olympics)
- 2H 2016 Quick Links, Part 3 (Trademarks and Domain Names)
- 2H 2016 Quick Links, Part 2 (Copyright & Open Access)
- More Evidence Why Keyword Advertising Litigation Is Waning
- Police Department’s Social Media Policy Is Unconstitutional–Liverman v. Petersburg
- Ripoff Report Wins Lawsuit on Jurisdiction Grounds–Williams v. Dunn
- Backpage Executives Defeat Pimping Charges Per Section 230–People v. Ferrer
- Server Location, Jurisdiction, and Server Location Requirements (Guest Blog Post)
November 2016
- Announcing the Third Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman
- Quora Gets Easy Section 230 Win In Tenth Circuit–Silver v. Quora
- Adding Derogatory Caption to Photo Meme Can Be False Light–S.E. v. Chmerkovskiy
- Plaintiffs’ Law Firm Can Reference Targeted Business’ Name In Ad Copy–McHugh Fuller v. Pruitt
- Twitter Defeats ISIS “Material Support” Lawsuit Again–Fields v. Twitter
- Court Rejects Effort to De-Index Search Results–Manchanda v. Google
- Conflict of Laws Has Caught Up with Silicon Valley. Now Silicon Valley Needs to Catch Up on Conflict of Laws (Guest Blog Post)
- Now the Seventh Circuit Is Shitting On Section 230–Huon v. Denton
- Section 230 Ruling Against Airbnb Puts All Online Marketplaces At Risk–Airbnb v. San Francisco
- Section 230 Doesn’t Protect Amazon From Products Liability Claims–McDonald v. LG
- Constitutional Challenge to Section 230 Fails On Standing Grounds–AFDI v. Lynch
- Backpage Can’t Challenge the SAVE Act–Backpage v. Lynch
- Google Loses Two Section 230(c)(2) Rulings–Spy Phone v. Google and Darnaa v. Google
- Court Upholds Airbnb’s Terms of Service–Selden v. Airbnb
- 2H 2016 Quick Links, Part 1 (Special Election Edition)
- Stock Music Library Wins DMCA Safe Harbor Defense–Hempton v. Pond5
- Another Tortured DMCA Online Safe Harbor Ruling–EMI v. MP3Tunes
October 2016
- Copyright Office Gratuitously Kills the DMCA Safe Harbor For Thousands of Websites
- How Will Courts Handle A “Poor Man’s Copyright”?
- Celebrating Judge Ronald Whyte’s Contributions to Internet Law
- Deleting Comments to County Facebook Page May Violate First Amendment–Davison v. Loudoun County
- Call for Papers/Participation: 7th Annual Internet Law Works-in-Progress, SCU, March 4, 2017
- Some Comments on the CA/TX Attorneys’ General Prosecution of Backpage’s Executives
- Ad Network Defeats Secondary Copyright Claims–ALS Scan v. JuicyAds
- An Interesting Online Personal Jurisdiction Ruling (No, Really!)–Rotblut v. Terrapinn
- Spokeo Wipes Out FCRA Lawsuit Over “Improper” Mandatory Disclosures–Nokchan v. Lyft
- Federal Court Rejects Online Gambling Lawsuit Against Valve–McLeod v. Valve
- Overly Broad Arbitration Clause Fails–Wexler v. AT&T
- Federal Court Authorizes Service of Process via Twitter
September 2016
- Does the FTC Get a Free Pass From Section 230?–FTC v. LeadClick
- Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. BagSpot
- Trademark Law Can’t Stop Competitor’s Employee Recruitment Efforts–XPO v. R+L
- Ninth Circuit Sends Uber Driver Claims to Arbitration
- Avvo’s Attorney Profile Pages Don’t Violate Publicity Rights–Vrdolyak v. Avvo
- House Passes Consumer Review Fairness Act
- Ninth Circuit Criticizes Attempts to Plead Around Section 230–Kimzey v. Yelp
- Redfin Defeats Copyright Claims Due to MLS License Agreement
- “Kurt The CyberGuy” Loses Publicity Rights Claims Against TV Station–CyberGuy v. KTLA
- Anti-Robocall Statute Violates First Amendment–Gresham v. Rutledge
- Unfortunate Expansion of ‘Failure to Warn’ Exception to Section 230–Beckman v. Match
- Court Cleans Up Trademark Status of the Phrase “Meth Lab Cleanup”
August 2016
- Why I’ve Paused My Blogging at Forbes
- Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post)
- AdWords Buys Using Geographic Terms Support Personal Jurisdiction–Rilley v. MoneyMutual
- Handicapping the Olympic Committee’s Quest to Control Tweeting (Guest Post)
- The Internet Rallies Against A Terrible Section 230 Ruling–Hassell v. Bird
- Court Benchslaps Trade Secret Plaintiff and Counsel For Bad Faith Litigation–RBC Bearings v. Caliber
- Talk on Trends in Online Trademark and Marketing Law
- Copyright Owner Denied Attorneys’ Fees In Suit Against Popcorn Time User–Cobbler v. Doe
- Section 230 Immunizes Twitter From Liability For ISIS’s Terrorist Activities–Fields v. Twitter
- FTC Sues 1-800 Contacts For Restricting Competitive Keyword Advertising
- Repeat Plaintiff Can’t Sue Search Engines Because Employers Won’t Hire Him–Despot v. Baltimore Life Insurance
- An Assessment of the Anthem Data Breach Litigation Rulings (Guest Blog Post)
- Competitive Keyword Advertising Lawsuit Will Go To A Jury–Edible Arrangements v. Provide Commerce
- Judge Declines to Enforce Uber’s Terms of Service–Meyer v. Kalanick
- Texas Ethics Opinion Approves Competitive Keyword Ads By Lawyers
- County Employee Properly Terminated for Facebook Posts Criticizing Police–Palmer v. Anoka
- Second Circuit’s Decision in Microsoft v. U.S. (Data Stored in Ireland): Good News for Internet Users? (Guest Blog Post)
July 2016
- A Tale of Two Spokeos
- Want An Enforceable Online Contract? Don’t Use A Footer Link Called “Reference”–Zajac v. Walker
- Priceline Avoids Liability For Resort Fees Due To Its Onsite Disclosures–Singer v. Priceline
- Blogger Doing Investigative Research Defeats Personal Jurisdiction–FireClean v. Tuohy
- Search Engine Snippets Protected By Section 230–O’Kroley v. Fastcase
- Message Board Operator May Be Liable For Moderator’s Content–Enigma v. Bleeping
- Sideloading Service Defeats Copyright Infringement Claims–BWP v. Polyvore
- Was Melania Trump’s Plagiarism Also Copyright Infringement? (Guest Blog Post)
- Internet Troll’s “Political Shenanigans” Are Protected Speech–State v. Hirschman (Guest Blog Post)
- Twitter May Be Liable for Sending Texts to Recycled Cellphone Numbers–Nunes v. Twitter
- Yelp Isn’t Liable For User-Submitted Photos Of Businesses–Albert v. Yelp
- Q2 2016 Quick Links, Part 5 (Miscellaneous)
- Courts Approve Terms of Service-Based Arbitration Clauses for Uber and Groupon
- “Modified Clickwrap” Upheld In Court–Moule v. UPS
- Ted Cruz’s Presidential Campaign Apparently Committed Copyright Infringement. Oops.
- Section 230 Protects YouTube’s Removal of User’s Videos–Lancaster v. Alphabet
- Vimeo’s Second Circuit DMCA Safe Harbor Win Over Capitol Records
- Q2 2016 Quick Links, Part 4 (Marketing, Privacy, Contracts)
- “Manufactured” TCPA Suit Fails For Lack of Standing
- Employees Bound By Clickthrough Agreements–ADP v. Lynch
- Q2 2016 Quick Links, Part 3 (Defamation, Online Reviews, Section 230)
- Preemption Dooms Suit Over LinkedIn Group Spam
June 2016
- Q2 2016 Quick Links, Part 2 (Terrorism Content, Hate Speech, Thiel/Gawker, Censorship & More)
- Q2 2016 Quick Links, Part 1 (Intellectual Property)
- Web Host Defeats Copyright Liability Despite Mishandled Takedown Notice–Hydrenta v. Luchian
- A Dozen Organizations File Comments Opposing Copyright Office’s Plan to Undermine Section 512
- Trade Secret Owner Penalized For ‘Specious’ Misappropriation Lawsuit–BTS v. Exclusive Perspectives
- County Attorney’s Deletion of Constituent’s Facebook Comment May Violate First Amendment
- Announcing the 2016 Edition of ‘Internet Law: Cases & Materials’
- Supreme Court Revisits Copyright’s Attorney Fee Shifts–Kirtsaeng v. Wiley
- State Sup. Ct. Affirms Harassment and Breach of Peace Conviction for Posting Pages from Diary to Facebook
- Review Website Gets Hammered In Court–Consumer Cellular v. ConsumerAffairs
- North Carolina State Supreme Court Strikes Down Cyberbullying Statute
- Scraping Lawsuit Survives Dismissal Motion–CouponCabin v. Savings.com
- Yelp Forced To Remove Defamatory Reviews–Hassell v. Bird
- WTF Is Going On With Section 230?–Cross v. Facebook
- De Minimis Music Sampling Isn’t Infringement–Salsoul v. Madonna
May 2016
- Section 230 Baffles 9th Circuit (Again)–Doe #14 v. ModelMayhem
- Some Thoughts on Thiel’s Lawfare Against Gawker
- WARNING: Copyright Office Resurrects Troubling Plan To Strip Websites Of 512 Safe Harbor
- Google Must Answer Lawsuit For Manually Removing Websites From Its Search Index–E-ventures v. Google (Forbes Cross-Post)
- ‘Badass Lawyer’ Loses Lawsuit Over Parody Twitter Account–Levitt v. Felton
- Will the Spokeo v. Robins Supreme Court Ruling Favor Plaintiffs Or Defendants? Uh…
- Second Circuit Muddies The Trademark Nominative Use Doctrine–ISC2 v. Security University
- Talk on Section 230 and Consumer Reviews
- Is Uber Liable When Drivers Sexually Abuse Passengers? (Forbes Cross-Post)
- Judge Scolds Litigant For Making Facebook Account “Private” During Litigation–Thurmond v. Bowman
- Talk on Evolving Trends In High Tech Legal Education
- FTC Wins Deception Case Over Faux User-Generated Content–Fanning v. FTC
- Google Isn’t Required To De-Index Negative Ripoff Report–Fakhrian v. Google (Forbes Cross-Post)
- Marquette University’s Troubling Report on Faculty Blogger (Guest Blog Post)
- The Pros and (Scary) Cons of the New EU Trade Secret Directive, Part 2 (Guest Blog Post)
- Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook Biometric Information Privacy Litigation
- The Pros and (Scary) Cons of the New EU Trade Secret Directive, Part 1 (Guest Blog Post)
- 512 Safe Harbor Applies to Content Submitted By Independent Contractors–BWP v. Examiner
- The New ‘Defend Trade Secrets Act’ Is The Biggest IP Development In Years (Forbes Cross-Post)
- Santa Clara-Duke-USPTO Quality Conferences / Call for Participants
- Proposed EU Regulation on Cross-Border Access to Copyrighted Content (Guest Blog Post)
- Important and Troubling Video Privacy Protection Act (VPPA) Ruling From First Circuit–Yershov v. Gannett
April 2016
- Q1 2016 Quick Links, Part 4 (Copyright, Marketing and More)
- Evidentiary Failings Undermine Arbitration Clauses in Online Terms
- Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)
- Sketchy Suit Between Native Advertising Competitors Produces Sketchy Section 230 Ruling–Adblade v. RevContent
- Defective Call-to-Action Dooms Online Contract Formation–Sgouros v. TransUnion
- Homeowner’s Insurance Policy Doesn’t Apply To Cyberharassment Campaign Allegations–State Farm v. El-Moslimany
- Q1 2016 Quick Links, Part 2 (Online Jurisdiction)
- Q1 2016 Quick Links, Part 1 (Trademarks and Domain Names)
March 2016
- Alleged “Conspiracy” Among Disgruntled Ex-Employees Defeats Section 230–Tanisha v. Chandra
- Does Two-Factor Authentication Violate the TCPA?–Duguid v. Facebook
- Amazon Defeats Publicity Rights Lawsuit Over ‘A Gronking To Remember’ Book Cover (Forbes Cross-Post)
- Court Rejects “Browsewrap.” Is That Surprising?–Long v. ProFlowers
- Big Win For Free Speech Online In Backpage Lawsuit (Forbes Cross-Post)
- Facebook Isn’t Liable For Fake User Account Containing Non-Consensual Pornography–Caraccioli v. Facebook (Forbes Cross-Post)
- PGA Can Turn Caddies Into ‘Human Billboards’–Hicks v. PGA Tour
- Google Defeats Lawsuit Over Duplicate Content Penalty–D’Agostino v. Appliances Buy Phone
- Buyer Wins Dispute Over Earnout For Purchased Websites
- Why The Subway ‘Footlong’ Lawsuits Fell Short (Forbes Cross-Post)
- Customer Loses Suit Over Employees’ Disparaging Facebook Posts–Howard v. Hertz
- CSS and HTML Code May Be Copyrightable–Media.net v. Netseer
- Using Scraper to Harvest Records Isn’t Fraudulent Access Under CFAA–Fidlar v. LPS
- Posting Vacation Photos To Facebook Costs An Employee His Job–Jones v. Accentia (Forbes Cross-Post)
February 2016
- Telephony Provider Didn’t Properly Form a “Telephone-Wrap” Contract–James v. Global Tel*Link
- Court Beats Down Another Competitive Keyword Advertising Lawsuit–Beast Sports v. BPI
- Courtney Love Defeats Twibel Claims–Holmes v. Love
- Section 230 Doesn’t Protect Summaries of Third Party Remarks–Diamond Ranch Academy v. Filer
- Court Orders Uber To Control Its Google Search Results
- High Schooler’s “Murder” Tweet Isn’t “Cyberstalking”–State v. Kohonen
- Surveying Ten Years Of Top Internet Law Developments (Forbes Cross-Post)
- Hacky Sacker’s Publicity Rights Claim Against Energy Drink Tossed–Martin v. 5-Hour Energy Drink
- Ninth Circuit Resolves Two of the Facebook Sponsored Stories Lawsuits
- Google Can Derive Undisclosed Economic Benefits From CAPTCHAs–Rojas-Lozano v. Google
- Top 10 Internet Law Developments of 2015 (Forbes Cross-Post)
January 2016
- Senate Judiciary Committee Passes Amended Defend Trade Secrets Act. What Changed? (Guest Blog Post)
- What’s the Legal Definition of a “Social Media Site”? Uh… (People v. Lopez)
- It’s Not Harassment To Talk Tough About Your Court Case (And Litigation Opponent) In Social Media
- Posting Mocking Photo To Social Media May Be Tortious….If You’re Shaq–Binion v. O’Neal
- Oculus Faces Messy Ownership Claims Over Its Head Mounted Display–Total Recall v. Luckey
- Section 230 Doesn’t Protect Email Forwarding of Screenshotted Tweets?–Maxfield v. Maxfield
- More Data Breach Lawsuits Fail In Court–Michaels Stores and SuperValu
- 2H 2015 Quick Links, Part 8 (Consumer Reviews, Google)
- 2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce)
- Big Fish’s Virtual Casino Doesn’t Violate Washington’s Gambling Statute
- 2H 2015 Quick Links, Part 6 (Social Media)
- Virtual Casino Doesn’t Violate California’s Gambling Law–Mason v. Machine Zone (Guest Blog Post)
- Shutterfly Can’t Shake Face-Scanning Privacy Lawsuit
- 2H 2015 Quick Links, Part 5 (Section 230, Pornography)
- 2H 2015 Quick Links, Part 4 (Content Regulation & More)
- 2H 2015 Quick Links, Part 3 (Trespass To Chattels, Privacy/Security)
- Online Dating Services Must Give California Users a “Cooling Off” Period–Howell v. Grindr
- 2H 2015 Quick Links, Part 2 (Patents, Trademarks, Other IP)
- 2H 2015 Quick Links, Part 1 (Copyright)
- YouTube Wins Another Case Over Removing And Relocating User Videos (Forbes Cross-Post)
- Employee Kvetching About Job On Facebook Still Entitled To Unemployment Benefits
2015 180
December 2015
- Third Circuit Revives a Sliver of Plaintiff’s Cookie-Blocking Circumvention Claims Against Google
- Bashing Your Litigation Opponent in an Online Message Board? Go For It! (Forbes Cross-Post)
- Google Defeats Copyright Lawsuit Over Waze Data (Forbes Cross-Post)
- Court Enforces Arbitration Clause in Amazon’s Terms of Service–Fagerstrom v. Amazon
- Woman That Rapper 2 Chainz Called a “THOT” In Viral Video Loses Lawsuit–Chisholm v. Epps
- Google Play Defeats Lawsuit Over Unauthorized Bank Charges–Harvey v. Google
- When Does A Parody Twitter Account Constitute Criminal Identity Theft?–Sims v. Monaghan
- Are Legal Restrictions On Disparaging Personal Names Unconstitutional?–In re The Slants (Guest Blog Post)
- TCPA Claim Against Non-Sender Fails
- No Fee Shift In Bogus Lawsuit Against Review Website–Roca v. PissedConsumer
- Senate Passes Consumer Review Freedom Act
- Can YouTube ‘Remove And Relocate’ User Videos Capriciously?–Darnaa v. Google (Forbes Cross-Post)
- Hackers Could Take Control Of Your Car, But You Can’t Sue Carmakers For That Risk (Forbes Cross-Post)
- Third Circuit Revives TCPA Case Against Yahoo
- Stockholders Can’t Sue Yelp Because Of Fake Reviews (Forbes Cross-Post)
- Court Rejects TCPA Claim on the Basis of Implied Consent
- Do We Need A New Judicial Fast Lane To Combat Trade Secret Theft? (Forbes Cross-Post)
November 2015
- Facebook Can Legally Block Pages Without Any Explanation–Sikhs For Justice v. Facebook (Forbes Cross-Post)
- Senate Commerce Committee Approves Consumer Review Freedom Act (Forbes Cross-Post)
- Another Court Says It’s OK To Link To Defamatory Content–Slozer v. Slattery
- 42 Law Professors Oppose The Defend Trade Secrets Act
- “2015 Internet Law Updates” Talk Slides
- No Liability for Linking to Defamatory Content–Life Designs Ranch v. Sommer
- How Congress Can Protect Online Consumer Reviews (An Assessment of the Consumer Review Freedom Act) (Forbes Cross-Post)
- Disney Not Liable For Disclosing Device IDs And Viewing Habits
October 2015
- Facebook Beats Privacy Lawsuit Alleging Persistent Tracking
- Amazon AppStore and Google Play Defeat Lawsuit Over Infringing App Name–Free Kick Master v. Apple (Forbes Cross-Post)
- Anti-Employer Chatter On Facebook Protected By NLRA–Triple Play v. NLRB
- Call for Projects/Papers/Participation for Sixth Annual Internet Law Works-in-Progress, March 5, 2016
- Commenting on Viral Video Is Fair Use–Equals Three v. Jukin Media
- Another Censorial Copyright Case Results In a Big Fee Shift–Inglewood v. Teixeira
- Why Attorneys Dislike Consumer Reviews (Reviewing an Article by Cassandra Burke Robertson)
- App Users Aren’t “Subscribers” Under the VPPA–Ellis v. Cartoon Network
- The Perkins v. LinkedIn Class Action Settlement Notification Was Badly Bungled (Forbes Cross-Post)
- Threatening to Post Sex Video to Facebook Isn’t a True Threat
- University Cannot Discipline Student for Off-Campus Tweets
- The Benefits Of Self-Publishing Electronic Casebooks (Forbes Cross-Post)
- Chain of Title Proves Fatal to “Happy Birthday” Copyright Claim (Guest Blog Post)
- Another Murky Opinion on Lawyers Buying Keyword Ads on Other Lawyers’ Names–In re Naert
- Disparate Enforcement of Social Media Policy May Support Discrimination Claim
September 2015
- You Can’t Buy A Copyright Just To Bury It–Katz v. Chevaldina (Forbes Cross-Post)
- Qualified Immunity Bars Claims Based on Search of Student’s Facebook Account and Discipline for Private Messages
- Grieving Parents (Still) Can’t Sue Topix For Son’s Oxy Overdose–Witkoff v. Topix (Forbes Cross-Post)
- Local Hosting and the Draft “Trade in Services Agreement” (Guest Blog Post)
- 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case
- Another Tough Section 230 Ruling For Ripoff Report–Vision Security v. Xcentric
- 59 Legal Scholars Sign Letter Supporting SPEAK FREE Act To Create Federal Anti-SLAPP Law (Forbes Cross-Post)
- Court Says Yelp Reviewers Aren’t Employees (Forbes Cross-Post)
- Big Fee Shift in Unsuccessful Copyright Lawsuit To Suppress Unflattering Photo–Katz v. Chevaldina
- Backpage Gets Bummer Section 230 Ruling in Washington Supreme Court–J.S. v. Village Voice
- Travel Blogger Denied Tax Writeoff For European Backpacking Trip (Forbes Cross-Post)
- Ninth Circuit Rejects Video Privacy Protection Act Claims Against Sony
- Crowdsourcing Platform Isn’t Liable For Fraudulent Fundraiser–GiveForward v. Hodges (Forbes Cross-Post)
- Teacher Who Blogged Pseudonymously About Students Being “Rat-Like” or “Dunderheads” Loses Appeal
- The Long-Term Promise of Privacy Federalism, Part 2
- Google Books Defeats Copyright Lawsuit Using 512(c)–Avdeef v. Google
- Sisterly Online Squabbling Isn’t Criminal Stalking
- The Long-Term Promise of Privacy Federalism, Part 1 (Guest Blog Post)
August 2015
- Judge Expresses Frustration With Overbroad Discovery Requests for Social Media Evidence–Farley v. Callais
- Recent FCC Order Helps Shopkick Defeat TCPA Claims
- Gmail Terms of Service Apply to reCAPTCHA During Account Formation–Rojas-Lozano v. Google
- Jawbone Plaintiff Can Invoke California Choice of Law Provision in Service Agreement
- Hashtags Are Not Trademarks—Eksouzian v. Albanese (Guest Blog Post)
- Two Tough Section 230 Rulings From Last Week–General Steel v. Chumley & Xcentric v. Smith
- City Can’t Use Copyright To Censor Critical Videos–Inglewood v. Teixeira
- Keyword Ad Lawsuit Isn’t Covered By California’s Anti-SLAPP Law
- Angie’s List Must Defend Fraud Charges Over Pay-to-Play Review Manipulation (Forbes Cross-Post)
- School District Wrongly Disciplined Student for a Two Word Tweet
- Second Circuit Enforces Terms Hyperlinked In Confirmation Email–Starkey v. G Adventures
- Court Allows Facebook Expert to Testify in Threat Case–U.S. v. Bradbury
- Delayed Search Database Updating Isn’t Defamation–Ferrell v. Yahoo and Google
- Trade School’s Domain Name Lawsuit Drops Like a (Granite) Rock
- University Can’t Quash Lawsuit by Professor Fired for Tweeting Political Opinion
- Story Byline May Affect Section 230 Immunity–AdvanFort v. Maritime Executive
- Federal Trade Secret Bill Re-Introduced–And It’s Still Troublesome (Guest Blog Post)
- AARP Defeats Lawsuit for Sharing Information With Facebook and Adobe
- What’s Worse Than Cleaning Up A Meth Lab? A Trademark Injunction Against Using “Meth Lab Cleanup” In Metatags
July 2015
- 9th Circuit Rejects VPPA Claims Against Netflix For Intra-Household Disclosures
- Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership
- Is Amazon Liable For IP Violations By Its Marketplace Vendors? (Forbes Cross-Post)
- If You’re Going To Incorporate Online T&Cs Into a Printed Contract, Do It Right–Holdbrook v. PCS
- Seventh Circuit: Data Breach Victims Have Standing Based on Future Harm
- Are You Smarter Than a 2L? (Internet Law Edition)
- 2015 Internet Law Casebook Now Available
- Sending Emails Isn’t Workplace Stalking–People v. Marian
- Clickthrough Agreement Upheld–Whitt v. Prosper
- Troubling Trademark Ruling Over Amazon’s Internal Search Results–MTM v. Amazon (Forbes Cross-Post)
- Congress Should MOVE To Restrict Employee Non-Compete Clauses (Forbes Cross-Post)
- Confusion From Competitive Keyword Advertising? Fuhgeddaboudit
- Lawyer Loses License Due To Overzealous Social Media Activism For Client–In re McCool
- DMCA 512(c) Formalities Strike Again–BWP v. Hollywood Fan Sites
June 2015
- Q2 2015 Quick Links, Part 2 (Censorship and More)
- Q2 2015 Quick Links, Part 1 (IP, Marketing and More)
- When Can Defendants Defeat A Criminal Threat Prosecution By Claiming They Were Joking? Not Often
- North Carolina Cyber-Bullying Statute Survives First Amendment Challenge
- Court Rejects First Amendment Challenge Against Cyberharassment Charge
- Competitive Keyword Advertising Permitted As Nominative Use–ElitePay Global v. CardPaymentOptions
- Section 230(c)(2) Gets No Luv From the Courts–Song Fi v. Google
- eBay Must Disclose User Identities In Response To 512(h) Subpoenas
- Google And Yahoo Defeat Last Remaining Lawsuit Over Competitive Keyword Advertising (Forbes Cross-Post)
- Sixth Circuit Says Informational Fax Isn’t an “Ad”–Sandusky v. Medco
- Federal Criminal “True Threats” Require More Than Negligence–Elonis v. U.S.
- Washington Anti-SLAPP Statute Violates Right To Jury Trial–Davis v. Cox
May 2015
- Doing Online Reputation Management? Don’t Do It This Way (Forbes Cross-Post)
- Online Magazine Gets Section 230 Protection For Third Party Article–AdvanFort v. International Registries
- Can Lawyers Buy Keyword Ads On Each Others’ Names At Google? (Forbes Cross-Post)
- Ripoff Report Gets Easy Section 230 Win In Third Circuit–Obado v. Magedson
- A Fishy Jurisdiction Ruling Involving Mobile Apps–Tomelleri v. MEDL
- California’s Resale Royalty Statute Violates the Dormant Commerce Clause—In Part (Guest Blog Post)
- Some Specific Problems With The Proposed Federal Trade Secret Law (Comments From a Reader)
- Blogger Isn’t Liable For Anonymous Reader Comments–Mezzacappa v. O’Hare
- Burlap Flower Wraps Aren’t Protectable Trade Dress–Farmgirl v. Bloom That
- Details on the Celebration of Dr. Gail Schlachter Hauser’s Life (Cross-Post From Personal Blog)
- Q4 2014 & Q1 2015 Quick Links Part 8 (Copyright, Media)
April 2015
- More Section 230 Cases Than I Can Handle!
- LinkedIn’s “Reference Search” Service Doesn’t Violate Fair Credit Reporting Act–Sweet v. LinkedIn
- Mixed Ruling in Competitive Keyword Advertising Case–Goldline v. Regal
- Europe’s Antitrust Move Against Google: A Linkwrap
- Union Isn’t Liable For Members’ Posts To Private Facebook Group–Weigand v. NLRB
- Q4 2014 & Q1 2015 Quick Links Part 7 (Consumer Reviews, RTBF, Defamation, Censorship, Sec. 230)
- What Bothers Brussels: Geoblocking on the Front Burner of the EU Commission (Guest Blog Post)
- Q4 2014 & Q1 2015 Quick Links Part 6 (Google, Search Engines, Antitrust)
- Q4 2014 & Q1 2015 Quick Links Part 5 (Trademarks, Domain Names, Marketing)
- Law Professor Blogger Wins Anti-SLAPP Ruling, But It’s Hard To Celebrate The Win–Welch v. USD
- Another Competitive Keyword Advertising Lawsuit Fails–Infogroup v. DatabaseLLC
- Q4 2014 & Q1 2015 Quick Links Part 4 (Potpourri)
- Court Might Enforce A Contract Ban On Consumer Reviews (Forbes Cross-Post)
- Q4 2014 & Q1 2015 Quick Links Part 3 (Facebook)
- Company’s Social Media Accounts Transferred in Bankruptcy
- Q4 2014 & Q1 2015 Quick Links Part 2 (Dating, Sex, Pornography)
- Q4 2014 & Q1 2015 Quick Links Part 1 (Privacy/Security)
- Do Employers Own LinkedIn Groups Created By Employees?–CDM v. Sims
- A Bibliography About Federal Trade Secret Law Reform (Guest Blog Post)
March 2015
- Scribd Must Comply With The Americans With Disabilities Act (Forbes Cross-Post)
- QVC Can’t Stop Web Scraping–QVC v. Resultly (Forbes Cross-Post)
- GA Supreme Court Fixes Overbroad Injunction Against Message Board Operator–Chan v. Ellis
- Court Rejects Bizarre Attempt To Scrub Consumer Review–Goren v. Ripoff Report
- In IMDb Privacy Case, 9th Circuit Rejects Hoang’s Appeal
- Morel Denied Attorneys’ Fees In Long-Running Suit Over Photos Lifted From Twitpic
- Online Dating App Grindr Isn’t Liable For Underage ‘Threesome’ (Forbes Cross-Post)
- Court Says Uber and Lyft Drivers May be Employees
- Theater Employee’s Post-Termination Blogging Isn’t a Matter of “Public Concern”
- GoDaddy Gets Important Section 230 Win in Second Circuit–Ricci v. Teamsters Union Local 456
- The Righthaven Debacle, 5 Years Later
- It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Steiner
- Trial Court Doesn’t Unmask Parodist Twitterers
- Two Recent Spam Cases Look at Falsification of Origin and Subject Line Claims
- Adware Advertiser Sidesteps Liability
February 2015
- Which Was Dumber–Trash-Talking Tweeting, Or The Decision To Prosecute For It?
- Blogiversary Bonus! A Video Interview About the Blog
- The “Browsewrap”/”Clickwrap” Distinction Is Falling Apart
- Catching Up on Section 230 Cases From the Past 18 Months
- ‘Deactivated’ Facebook Account Is Discoverable In Litigation (Forbes Cross-Post)
- Use of Iconic 9-11 Photo in TV Show’s Facebook Stream Not Fair Use
- Hoang v. IMDb Argued in the Ninth Circuit
- Damages from Competitive Keyword Advertising Are “Vanishingly Small”
- Blogiversary Celebration Part 4: How Internet Law and IP Law Have Evolved
- More Defendants Win Keyword Advertising Lawsuits
- Blogiversary Celebration Part 3: How the Blogosphere Has Evolved
- Blogiversary Celebration Part 2: About the Blog’s Impact
- Happy 10th Blogiversary! (Blogiversary Celebration Part 1)
- No Spam Lawsuit When Plaintiff Asked For The Emails–Beyond v. Kraft
- Google Isn’t Liable For Including Unlicensed Locksmiths in Directories–Baldino’s Lock v. Google
- Are Facebook Photos More Discoverable In Litigation Than Other Social Media Content? (Forbes Cross-Post)
January 2015
- Reports on Expunged Arrest Can’t Be Erased From the Internet–Martin v. Hearst
- One Is Not Enough, How Many Is Too Many? How Many Countries’ Copyright Laws Should and Actually Do Apply to Copyright Infringements on the Internet? (Guest Blog Post)
- Top 10 Internet Law Developments of 2014 (Forbes Cross-Post)
- Lawsuit Fails Over Ridesharing Service’s Disclosures To Its Analytics Service–Garcia v. Zimride
- Chicago State University Professors Fight Back Against University’s Efforts To Shut Down Their Blog (Guest Blog Post)
- Are Takedowns in 48 Hours “Expeditious” Enough?–Square Ring v. UStream
- Court Rejects VPPA Claim Against Viacom and Google Based on Failure to Disclose Identity
- Another Keyword Advertising Lawsuit Fails Badly
- Vonage Isn’t Liable For Disclosing ‘Unlisted’ Phone Number
- No Personal Jurisdiction Over Nasty Facebook Post–Burdick v. Superior Court
- Police Officer’s Facebook Post Criticizing Chief’s Budget Decision Justified Termination–Graziosi v. Greenville
- Safeway Can’t Unilaterally Modify Online Terms Without Notice
- Another Failed Doctor Lawsuit Against a Patient For Online Reviews–Brandner v. Molonguet
- Robert Half Can’t Stop Former Employees From Telling The World Where They Used To Work (Forbes Cross-Post)
- Employee Terminated For Ill-Advised Facebook Post Gets Unemployment Benefits
- Top 10 Fair Use Cases of 2014 (Guest Blog Post)
2014 205
December 2014
- Facebook May be On the Hook for Scanning Private Messages for Links
- Tweeted Article About Law Grad’s Suit Over Stalking Investigation Isn’t Defamatory
- Criminal Harassment Charges Survive First Amendment Challenge, Even Without The Threat of Personal Injury
- Facebook Putdown Leads to Lawsuit Between Sorority Sisters–Grimes v. Saban
- Stupid Online Teen Banter Isn’t “Disorderly Conduct”–State v. Nelson
- Fair Use Protects Sending Expert Witness’ Resume to Opposing Counsel–Devil’s Advocate v. Zurich Insurance
- Appeals Court: Accepting Lawyer’s Prove-me-Wrong Challenge Does not Form a Contract
- Will A ‘Cast Of Thousands’ Become A ‘Cast Of Thousands…Of Plaintiffs’? A Preview of Garcia v. Google (Forbes Cross-Post)
- eBay Isn’t Liable for Selling Recalled Merchandise–Hinton v. Amazon
- First Amendment Bars School Discipline For Student’s Rap Video About School Coaches
- Lawyer Disciplined for Sending Facebook Message to Adverse Party
- Legal Blog Faces Defamation Liability for Mischaracterizing Prior Legal Proceedings–Huon v. Above the Law
- Bust Up Google? Only If Europe Wants To Make Things Worse (Forbes Cross-Post)
- Appeals Court Affirms Harassment Order Based on Vague Testimony of Indirect Contacts
- Section 230 Precludes Injunctive Relief Against Message Boards–Medytox v. InvestorsHub
- When Does Social Media Chatter Become Criminal? Previewing The Supreme Court’s ‘Elonis’ Case (Forbes Cross-Post)
November 2014
- Creditors Can’t Seize Country Code Top Level Domains
- Lawsuit Over User-Posted Celebrity Photos Survives Dismissal–BWP v. Hollywood Fan Sites
- Perfect 10 Loses Copyright Suit Against USENET Service Provider–Perfect 10 v. Giganews
- PissedConsumer Defeats Preliminary Injunction–Roca v. Consumer Opinion Corp.
- Fifth Annual Internet Law Work-in-Progress Conference: Initial Participant List
- LinkedIn Can’t Shake Publicity Rights Claims Based on Reminder Emails
- Bleg: Help Us Prepare For the Blog’s 10 Year Blogiversary
- Bad Idea: Overdisclosing People’s Positive STD Status–Doe v. Successfulmatch
- Are Parents Liable For Their Children’s Online Pranks?–Boston v. Athearn
- Manuel Noriega Loses Right of Publicity Suit Against Activision (Guest Blog Post)
- Duplicitous Competitive Keyword Advertising Lawsuits–Fareportal v. LBF (& Vice-Versa)
- California Anti-Spam Law Doesn’t Require Sender’s Name In The ‘From’ Line or Domain Name
- Another Messy Employee-Employer Dispute Over Facebook Page Ownership
- Venue Clause in YouTube Terms of Service Upheld–Song Fi v. Google
- Instagramming For Freebies? Those Photos Are Ads…To The FTC (Forbes Cross-Post)
October 2014
- Equivocal Email Exchanges Don’t Transfer Copyright Ownership
- Hertz Faces Negligence Suit For Employee’s Facebook Bashing of a Customer–Howard v. Hertz
- The New U.K. Online Gambling Law: Cyberlaw 3.0 – or a Return to Cyberlaw 2.0? (Guest Blog Post)
- Food Flavor Can’t Be Trademarked (Even If The Baked Ziti Is Delicious)–NY Pizzeria v. Syal (Forbes Cross-Post)
- Android ID Isn’t Personally Identifiable Information Under the Video Privacy Protection Act
- Court Rejects Argument That ECPA Does not Apply to Spousal Interception of Email–LaRocca v. LaRocca
- Congress Is Considering A New Federal Trade Secret Law. Why? (Forbes Cross-Post)
- When Does Online Criticism Become “Stalking”?–Ellis v. Chan
- Q3 2014 Quick Links, Part 2 (Content Regulation)
- Call for Papers/Participation, 5th Annual Internet Law Work-in-Progress Conference, SCU, March 7, 2015
- Shopkick Unable to Shake Text Spam Complaint — Huricks v. Shopkick
- Q3 2014 Quick Links, Part 1 (RTBF, Reviews, IP & More)
- Lawsuit Against Adware Vendor Fails–Halperin v. Text Enhance
- A Seismic Ruling On Pre-1972 Sound Recordings and State Copyright Law–Flo & Eddie v. Sirius XM Radio (Guest Blog Post)
September 2014
- Washington State Supreme Court Hears an Interesting Privacy Case: Dillon v. Seattle Deposition Reporters
- Congress May Crack Down On Businesses’ Efforts To Ban Consumer Reviews (Forbes Cross-Post)
- Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. OxBlue
- NLRB Invalidates Employer’s Blogging Policy And Reverses Firing Based On Facebook Posts
- Jointly Editable Online Document Doesn’t Provide Evidence of Contract Formation–Turner v. Temptu
- The GOOGLE Mark Isn’t Generic–Elliott v. Google (Forbes Cross-Post)
- LiveJournal Wins 512(c) Safe Harbor Ruling For Celebrity Gossip Blog–Mavrix v. LiveJournal
- 9th Circuit Creates Problematic “Failure To Warn” Exception to Section 230 Immunity–Doe 14 v. Internet Brands
- Employer Isn’t Liable When Former Employee Linked His Apple Accounts To Its Devices–Sunbelt v. Victor
- Urban Outfitters’ Kent State T-Shirt Was Offensive But Probably Legal (Guest Blog Post)
- Texas Supreme Court Limits Reach of Pre-suit Discovery (Guest Blog Post)
- California Tells Businesses: Stop Trying To Ban Consumer Reviews (Forbes Cross-Post)
- Ninth Circuit Says Yelp Doesn’t Extort Businesses–Levitt v. Yelp (Forbes Cross-Post)
- Internet Law Professors Ask California Supreme Court To Review Pharmaceutical Liability Case
- When Is It Appropriate To Monitor An Ex-Spouse’s Email Account? Never
- Lock Manufacturer Onity Had Only One Job, But Isn’t Liable For Failing To Do It Well (Forbes Cross-Post)
- Court Denies AFP/Getty Bid to Set Aside Morel Copyright Verdict
- Blogspot Gets Section 230 Win In 11th Circuit–Dowbenko v. Google
- Section 230 Applies to Amazon Book Reviews–Joseph v. Amazon
August 2014
- Lawsuit Against Google Over In-App Purchases By Minors Squeaks Past Motion to Dismiss
- Online Marketplaces Facilitating Gun Sales Don’t Kill People. People Kill People (Forbes Cross-Post)
- Judge Koh Dismisses the Bulk of the Yahoo Email Scanning Class Action
- It’s Not Possible To Steal Facebook ‘Likes’–Mattocks v. BET
- Primer on European Union’s Right To Be Forgotten (Excerpt from My Internet Law Casebook) + Bonus Linkwrap
- New Copyright Office Compendium Discussion About Designating Sec. 512 Agents
- What’s a Browsewrap? The Ninth Circuit Sure Doesn’t Know–Nguyen v. Barnes & Noble
- Announcing the Second Edition of “Advertising & Marketing Law: Cases and Materials” by Tushnet & Goldman
- Copying Blogger’s Posts In Disciplinary Proceeding Is Fair Use–Denison v. Larkin
- Fictional Software Brand In ‘Dark Knight Rises’ Movie Doesn’t Infringe Real-Life Software Brand–Fortres Grand v. Warner Bros.
- Fair Use Likely Protects Discussion of Blog Post and Comments
- Brazil’s Internet Bill of Rights Compared to Section 230 (Excerpt from My Internet Law Casebook)
- Fining Customers For Negative Online Reviews Isn’t New…Or Smart (Forbes Cross-Post)
- Conviction for Posting Pages From Teenager’s Diary Via Mail and Facebook Partially Reversed
- Does Yelp Have The ‘Most Trusted Reviews’? A Court Wants To Know More (Forbes Cross-Post)
- 2014 Internet Law Casebook and Syllabus Now Available
- Employee’s Discrimination Claim Can’t be Salvaged by Coworker’s Allegedly Inappropriate Facebook Post — Brown v Tyson Foods
- When Is It Appropriate For Teachers To Call Students “Rat-Like” or “Dunderheads” in a Pseudonymous Blog? Never.
July 2014
- ‘Silk Road’ Ruling Will Hurt Online Commerce (Forbes Cross-Post)
- Minors’ Privacy Claims Against Viacom and Google Over Disclosure of Video Viewing Habits Dismissed
- Q2 2014 Quick Links, Part 4 (Content Regulation, Prostitution & More)
- Q2 2014 Quick Links, Part 3 (Privacy, Marketing, E-Commerce & More)
- Q2 2014 Quick Links, Part 2 (Consumer Reviews, Defamation & More)
- Lawsuit Over Google’s Unified Privacy Policy Pared Down, But Two Claims Survive
- Q2 2014 Quick Links, Part 1 (IP)
- Another Blogger Wins a Fair Use Defense For a Photo–Leveyfilm v. Fox Sports
- TCPA Claim Against Taco Bell Fails For Lack of Agency
- Textbooks For An “Intellectual Property For Engineers” Course
- Lawyer’s Suit Over “Professional Recognition” Spam Flops
- First Amendment Precludes Disorderly Conduct Conviction for Ranting on Police Department Facebook Page
- Four Unanswered Questions From Aereo’s Supreme Court Loss (Forbes Cross-Post)
- Republishing Litigation Brief Is Fair Use–White v. Westlaw
- Want To Encourage Gossipy Content Online? Go For It–Jones v. TheDirty (Forbes Cross-Post)
- Criminal Cyberbullying Statute Violates First Amendment–New York v. Marquan
- 23andMe’s Browsewrap Fails, But Its Post-Purchase Clickthrough Works Anyway–Tompkins v. 23andMe
- Are We Going To See An Explosion Of Food Labeling Lawsuits?–POM v. Coca-Cola (Forbes Cross-Post)
June 2014
- Stalking Conviction For Friending a Prosecutor’s Facebook Friends?–State v. Moller
- Griping Blogger Can Show Photo Of Griping Target–Katz v. Chevaldina
- Bad Idea: Shaming An Employee On Facebook For Health Issues–Shoun v. Best Formed Plastics
- The Supreme Court’s Riley Decision Won’t Change Much In The Field (Guest Blog Post)
- Section 230 Immunizes Website For Super-User’s Doxxing–Internet Brands v. Jape
- Another Section 230 Win For Ripoff Report–Torati v. Hodak
- Software Manufacturer Denied Section 230 Immunity–Hardin v. PDX
- More Proof That Facebook Isn’t The Right Place To Bitch About Your Job–Talbot v. Desert View
- Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights
- EFF Pub Trivia Night Recap
- Facebook Gets Easy Section 230 Win in DC Circuit–Klayman v. Facebook
- Plastic Surgeon’s “Before & After” Photos Violate NY Publicity Rights–Manzione v. Mashkevich
- Texas Appellate Court Erases Court Order To Erase Google Search Results
- Revenge Porn/Cyberstalking Conviction Doesn’t Violate First Amendment–US v. Osinger
- Path May Be Liable for Text-Spamming Users’ Contact Lists
- Police Officers Aren’t Liable For Investigating Cyberstalking and Revenge Porn–Keaton v. Hannum
- CAN-SPAM Preemption Doesn’t Apply To Fraud…And More
- [Ad] New Publication Announcement: Data Protection Law Reporter
- How The DMCA’s Online Copyright Safe Harbor Failed
May 2014
- The Spectacular Failure of Employee Social Media Privacy Laws
- Want To Scrub Google Search Results In The US? Tough–O’Kroley v. Fastcase
- Hulu Unable to Shake Video Privacy Protection Act Claims
- College Review Website Ordered To Pay $1M For Users’ Disparaging Reviews–Neumont University v. Little Bizzy
- Disclosing Unique User IDs In URLs Doesn’t Violate ECPA–In re Zynga/Facebook
- Facebook Post Isn’t Good Reason To Remove Attorney From Probate Court Case Assignment List
- Grieving Parents Can’t Sue Topix Website For Son’s Oxy Overdose (Forbes Cross-Post)
- Fair Use Protects Video Republication To Demonstrate Speaker’s Inconsistent Statements–Caner v. Autry
- Don’t Roll The Dice On Defamation Suits Against Gripe Sites, Especially In California–Ocean’s Eleven v. Anders
- IP Expert Brian Love to Become Co-Director of SCU Law’s High Tech Law Institute (Cross-Post)
- Apple May Be Liable For Privacy Violations by Third Party Developed Apps
- Advertiser May Have Claims Against SEO Firm Using Undisclosed Spammy Practices
- Dead Sea Scrolls Impersonation Case Convictions Partially Affirmed
- Linking to Defamatory Content Protected by Section 230—Vazquez v. Buhl
- Privacy Claims Based on LinkedIn’s Security Promises Survive Motion to Dismiss
- Yelp Wins Another Section 230 Case–Kimzey v. Yelp
- Conviction for Cyberstalking & Revenge Porn Survives First Amendment Challenge
- California Moving To Protect Consumer Reviews–AB 2365 (Forbes Cross-Post)
- Another Attempt to Scrub Unflattering Posts Fails
- Keyword Advertising Doesn’t Create General Jurisdiction–Rocke v. Pebble Beach
- ‘Flash Sale’ Website Defeats Class Action Claim With Mandatory Arbitration Clause–Starke v. Gilt
April 2014
- A ‘Juicy’ Supreme Court Case On Food Labeling Regulation–Pom Wonderful v. Coca-Cola (Forbes Cross-Post)
- Defendant Gets Attorneys’ Fees For ‘Frivolous’ DMCA Copyright Management Information Claim
- Another Questionable IP Lawsuit Over a Derogatory Twitter Account
- Siblings Use Publicity Rights To Try To Block Sister From Blogging About Mom–In re Reynolds
- How To Get Your Clickthrough Agreement Enforced In Court–Moretti v. Hertz
- Minnesota Supreme Court Reverses Conviction for Assisting Suicide Online
- Q1 2014 Quick Links, Part 2
- Q1 2014 Quick Links, Part 1 (IP)
- Ripoff Report’s Latest Section 230 Win–Seldon v. Magedson
- Some Thoughts On General Mills’ Move To Mandate Arbitration And Waive Class Actions
- Revenge Porn Is Bad, But It’s Not GoDaddy’s Fault (Forbes Cross-Post)
- Google, Yahoo and Amazon Beat Defamation Claims–Kabbaj v. Google
- Internet Law Professors File Amicus Brief in ‘Innocence of Muslims’ Case–Garcia v. Google
- Twibel Ruling: Tweeting That Someone is “Fucking Crazy” is Not Defamatory
- Court Lauds Blogs “As A Means Of Free Dissemination Of News And Public Comment”–Comins v. Vanvoorhis
- Of Course The First Amendment Protects Baidu’s Search Engine, Even When It Censors Pro-Democracy Results (Forbes Cross-Post)
- Xcentric Ventures Chips Away at Small Justice’s Copyright Workaround to Section 230
- Employer Gets Section 230 Immunity For Employee’s Posts–Miller v. FedEx
- Court Rules That Kids Can Be Bound By Facebook’s Member Agreement
- Supreme Court Changes False Advertising Law Across the Country (Forbes Cross-Post)
- Ninth Circuit Rejects Plaintiffs’ Bad Misreadings of eBay’s User Agreement–Block v. eBay
March 2014
- IP Battle Between Jumpy House Manufacturers Isn’t Bounced – WhatRU Holding v. Bouncing Angels
- Yahoo! Scores Significant Win in Email-to-SMS Lawsuit
- Court Spoils “Banana Lady’s” Appeal Over Online Recordings of Her Act
- Android and Pandora Privacy Rulings Accept Low Hurdle for Standing
- 47 USC 230’s Legislative History
- Another Reason Not To Let People Borrow Your Cellphone–Olsen v. Henderson
- Epinions, The Path-Breaking Website, Is Dead. Some Lessons It Taught Us (Forbes Cross-Post)
- CafePress May Not Qualify For 512 Safe Harbor – Gardner v. CafePress
- Court Blesses Instagram’s Right to Unilaterally Amend Its User Agreement–Rodriguez v. Instagram
- Employer Who Takes Over Employee’s Social Media Accounts May Commit Privacy Violation–Maremont v Susan Fredman Design
- Talk on Why State Legislatures Shouldn’t Regulate Internet Privacy
- Daughter’s Celebratory Facebook Post Really “Sucked”–Gulliver Schools v. Snay
February 2014
- In Its “Innocence of Muslims” Ruling, the Ninth Circuit is Guilty of Judicial Activism–Garcia v. Google
- My Wife Has Lung Cancer. Read Her Story
- Ninth Circuit Turns Out The Lights on California ‘Shine the Light’ Case
- Revenge Porn Prosecution Stumbles In New York
- Revenge Porn Threat Justified Injunction
- TCPA Claim Over Yahoo!’s IM to SMS Messaging Survives Summary Judgment
- More Intellectual Property Trivia Questions (The Outtakes)
- How Well Do You Know IP Trivia? Let’s Find Out
- Law Student Can’t Enforce Defense Lawyer’s “Prove-Me-Wrong” Promise in TV Interview
- Demoting Police Officer for Posting Confederate Flag to Facebook Isn’t First Amendment Violation
- Court Declines to Review LRO to [.delmonte], Saying gTLDs Aren’t ‘Domain Names’ for Cybersquatting Purposes
- 9th Circuit Says Plaintiff Had Standing to Sue Spokeo for Fair Credit Reporting Violations
- Teacher’s Semi-Racy Facebook Photo Doesn’t Justify Firing – In re Laraine Cook
- H2 2013 Quick Links, Part 5 (Miscellaneous)
January 2014
- Vague Takedown Notice Targeting Facebook Page Results in Possible Liability–CrossFit v. Alvies
- H2 2013 Quick Links, Part 4 (Social Media, Advertising, E-Commerce)
- H2 2013 Quick Links, Part 3 (Content Regulation)
- Sony PlayStation Data Breach Lawsuit Whittled Down but Moves Forward
- H2 2013 Quick Links, Part 2 (Privacy, Search Engines)
- H2 2013 Quick Links, Part 1 (IP)
- The Sochi Olympics and European Answers to Cross-Border Copyright Questions (Guest Blog Post)
- Copyright Suit Over Second Life Terraforming Survives Summary Judgment, Then Settles — FireSabre v. Linden
- Two Student Threat Cases Illustrate Gross Disparity in Treatment of Student Speech
- 9th Circuit Issues a Blogger-Friendly First Amendment Opinion–Obsidian Finance v. Cox
- Federal Court in Virginia Court Says Domain Names Are Not Property, But Contractual Rights
- Top Ten Internet Law Developments Of 2013 (Forbes Cross-Post)
- Nurse Properly Fired and Denied Unemployment Due to Facebook Rant
- Is Sacramento The World’s Capital of Internet Privacy Regulation? (Forbes Cross-Post)
- Is It Software? Is It a Service? It Matters for Trademark Registration Purposes
- Protip: Don’t Send Emails Threatening to “Inflict the Maximum Amount of Financial Pain” Allowed By Law
- Details About Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit (Forbes Cross-Post)
- Video Privacy Protection Act Plaintiffs Can Proceed Against Hulu Absent Showing of Actual Injury
2013 246
December 2013
- Company That Facilitates Digital Access to Public Records Uses CFAA to Block Scraper
- Florida Drops Ill-Conceived Proposal To Ban Competitive Keyword Advertising By Lawyers (Forbes Cross-Post)
- Minors’ Suit Over Facebook Credits Continues – I.B. v. Facebook
- AAUP Says Kansas Regents’ New Faculty Social Media Use Policy Violates Academic Freedom (Guest Blog Post)
- Court Won’t Order Google To Lift Manual Block For ‘Thin Content’–ICF v. Google
- National Advertising Division (NAD) Doesn’t Consider Section 230 Defenses
- Court Accepts Narrow View of CAN-SPAM Preemption but Ultimately Dismisses Claims – Davison Design v. Riley
- Revenge Porn Plot Leads To Criminal Conviction–New York v. Piznarski (Forbes Cross-Post)
- Should We Cheer The California Attorney General’s Revenge Porn Arrest–Or Find It Alarming? (Forbes Cross-Post)
- Prosecutor Makes Ill-Advised Tweets During Criminal Case–State v. Polk
- SPEECH Act Defendant Gets $48,000 In Attorneys’ Fees–Trout Point Lodge Ltd. v. Handshoe
- Police Officer’s Facebook Post Criticizing Her Boss Isn’t Protected Speech–Graziosi v. Greenville
- My Testimony on California’s Efforts to Regulate Internet Privacy
- Facebook Complaints About Boss’s Creepy Hands Can’t Salvage Retaliation/Harassment Claims
- How Doctors Should Respond To Negative Online Reviews (Forbes Cross-Post)
- Should TheDirty Website Be Liable For Encouraging Users To Gossip? (Forbes Cross-Post)
- Ill-Advised Student YouTube Video Leads to Conviction For Misusing Computerized Communication System–In re Kaleb K.
- Keyword Advertising Lawsuits Against Search Engines Mostly Tossed–Parts[.]com v. Google and Yahoo
- Ninth Circuit Kills Contributory ACPA Cybersquatting Doctrine–Petronas v. GoDaddy
- California Assembly Hearing, “Balancing Privacy and Opportunity in the Internet Age,” SCU, Dec. 12
- Google Gets Dismissal of Lawsuit Over Privacy Policy Integration–In re Google Privacy Policy
- Why Google’s Fair Use Victory In Google Books Suit Is A Big Deal–And Why It Isn’t (Forbes Cross-Post)
- Previewing Lexmark vs Static Control, A Rare Supreme Court Case On False Advertising (Forbes Cross-Post)
- Privacy Plaintiffs Lose Because They Didn’t Rely on Apple’s Privacy Representations — In re iPhone App Litigation
November 2013
- It’s Illegal For Offline Retailers To Collect Email Addresses–Capp v. Nordstrom
- Facebook Rant Against ‘Arial’ Font Helps Reverse Sex Offender Determination
- AFP & Getty’s Republication of Twitter/Twitpic-Sourced Photos Turns Out to Be Costly – AFP v. Morel
- WhitePages Gets Its Inevitable Section 230 Win–Nasser v. WhitePages
- Google’s Forum-Selection Clause Upheld Again–Rudgayzer v. Google
- Did Monster Energy Make A ‘Dope’ Contract With DJ Z-Trip? Nope (Forbes Cross-Post)
- Another Keyword Advertising Lawsuit Unceremoniously Dismissed–Infostream v. Avid
- Fake LinkedIn Profile May Cause Trademark Infringement – Avepoint v. Axceler
- Employee Termination Based on Mistaken Belief of Facebook Post Authorship Upheld — Smizer v. Community Mennonite Early Learning Ctr.
- AFP v. Morel – Lawsuit Over Haiti Photos Taken From Twitter/Twitpic Goes to Trial
- Video of the Patent Opera Is Now Online!
- Social Worker’s Facebook Rant Justified Termination — Shepherd v. McGee
- Think Hoarding Passwords Keeps You Safe From Firing? Think Again (Forbes Cross-Post)
- “Wiggin Out” Over a Wig Purchase Dispute Leads to Online Defamation – Sanders v. Walsh
- Lawsuit Over Google Hangouts Gutted–Be In v. Google
- Section 230 Protects Another Newspaper From Liability For User Comments–Hupp v. Freedom Communications
- “Does the U.S. Patent System Stifle Innovation” Notes
- Police Officers Lean on School to Fire Social Worker for Facebook Post–and May Have Violated First Amendment
- No One Owns The Number ‘3.95%’ (We Think)–Banxcorp v. Costco (Forbes Cross-Post)
- Sexting a Minor Isn’t a Crime in Texas
October 2013
- Google Wins Cookie Privacy Lawsuit
- Want To Avoid Defaming Someone Online? Link To Your Sources (Forbes Cross-Post)
- Landlord May Be Liable When A Tenant’s Facebook Harassment Leads To A Rape (Forbes Cross-Post)
- Police Officer’s Facebook Venting Isn’t Protected By The First Amendment–Gresham v. Atlanta
- Check Out the New Blog Design!
- Some Exciting Changes to the Blog–PLEASE READ
- California’s New Law Shows It’s Not Easy To Regulate Revenge Porn (Forbes Cross-Post)
- CFP: Fourth Internet Law Work-in-Progress Symposium, NYC, March 8, 2014
- How California’s New ‘Do-Not-Track’ Law Will Hurt Consumers (Forbes Cross-Post)
- Regional Trademark Owner Can’t Block Junior User’s Internet Presence–Dudley v. HealthSource (Catch-up Post)
- Social Media Rant Against Airline Employee Wasn’t Defamatory But May Be False Light–Patterson v. Grant-Herms
- Organizing an “Internet Safety” Presentation? Don’t Troll Through Students’ Facebook Accounts Looking for Bikini Photos
- Presentation About the Problems of Online Trespass to Chattels
- California’s Latest Effort To Keep Some Ads From Reaching Kids Is Misguided And Unconstitutional (Forbes Cross-Post)
- Calling Out Scraper for “Stealing” Data Is Not Defamatory – Tamburo v. Dworkin
- California’s New ‘Online Eraser’ Law Should Be Erased (Forbes Cross-Post)
September 2013
- Wiretap Claims Against Gmail Scanning Survive Motion to Dismiss — In re: Google Inc. Gmail Litigation
- Creating Parody Social Media Accounts Doesn’t Violate Computer Fraud & Abuse Act – Matot v. CH
- Call for Papers: WIPIP, Santa Clara University, Feb. 7-8, 2014
- eBay Not Liable for Technical Glitch When Seller Doesn’t Set Reserve Price — D’Agostino v. eBay
- Court Upholds Doocing For Snarky Facebook Post — Rodriquez v. Wal-Mart
- Craigslist Wins Routine But Troubling Online Trespass to Chattels Ruling in 3Taps Case (Catch-up Post)
- Gossip Site That Uses Misidentified Photo May Be Liable for Publicity Rights Violation — Edme v. Internet Brands
- Is There Any Way to Cure An “Accidental” Download of Child Pornography?
- The First Amendment Protects Facebook “Likes” – Bland v. Roberts
- Spam Arrest’s Sender Agreement Fails Because Email Marketer’s Employees Lacked Authority–Spam Arrest v. Replacements (Forbes Cross-Post)
- Another Case Involving School Discipline for a Violent Post on a Social Networking Site — Wynar v. Douglas County School Dist.
- Big Victory In Effort To Curb Libel Tourism–Trout Point Lodge v. Handshoe (Forbes Cross-Post)
- High Schooler’s Facebook Post Can Constitute the Crime of Menacing – In re P.T.
- Facebook Sponsored Stories Settlement Approved – Fraley v. Facebook
- Email Exchange Creates Binding Settlement Agreement Per UETA–Forcelli v. Gelco
- When Should Search Engines Ignore Court Orders To Remove Search Results? (Forbes Cross-Post)
- Effort to Game Website User Agreement Rules Fails -– Traton News v. Traton Corp.
- Sending a “DTF?” Text Message Supports Restraining Order — Finigan v. Weinberg
- Yelp Gets Another Anti-SLAPP Victory in Lawsuit Over Consumer Review—Bernath v. Tabitha J.
August 2013
- TripAdvisor’s “Dirtiest Hotels” List Isn’t Defamatory—Seaton v. TripAdvisor
- Telephone Consumer Protection Act Case Update – Summer 2013 Edition
- App Stores Aren’t Liable For Third Party Apps–Evans v. HP (Forbes Cross-Post)
- Supervisor’s Post-Termination Access of Employee’s Gmail Account May Violate ECPA – Lazette v. Kulmatycki
- Another Federal Court Rejects Service of Process via Facebook – Joe Hand Promotions v. Shepard
- Blasting Your Landlord Online? Pick Your Words Wisely (Forbes Cross-Post)
- Employee’s Privacy Claim Based on Allegedly Improper Access to Facebook Post Fails — Ehling v. Monmouth-Ocean Hosp.
- Another Keyword Advertising Lawsuit Fails–Allied Interstate v. Kimmel & Silverman
- Another Judge Declines to Dismiss Claims Against Apple over App Privacy Practices — Pirozzi v. Apple
- Another Spam Litigation Factory Unravels –- Beyond Systems v. Kraft
- 2013 Internet Law Syllabus and Casebook Now Online
- Perfect 10 Can’t Sue Yandex for Out-of-Country Activity (Catch-up Post)
- Federal Court Doesn’t ‘Like” Service of Process via Facebook — Joe Hand Proms. v. Carrette
- Emotional Distress Claim Doesn’t Support Fishing Expedition for Social Media Evidence
- More Evidence That Competitive Keyword Advertising Benefits Trademark Owners (Forbes Cross-Post)
- Rationalizing (?) the Hart and Keller v. EA Sports Publicity Rights Rulings (Guest Blog Post)
- Gun Classified Ads Website Isn’t Liable for Murder–Vesely v. Armslist
- Facebook Posting That Someone Has Herpes Is Criminal Harassment–Pennsylvania v. Cox
- The Latest Attempt to Use Copyright Law to Remove Negative Consumer Reviews–Small Justice v. Xcentric (Forbes Cross-Post)
July 2013
- Book Review: “The Little Book of Foodie Law”
- Breach of Data Retention Policy Doesn’t Create Actionable Injury – Burton v. Time Warner (Catch-up Post)
- Multiple Listing Service Gets Favorable Appellate Ruling in Scraping Lawsuit
- YouTube Gets Easy Section 230 Win–Gavra v Google
- Recap of Stanford E-Commerce Conference Panel on Takedown Notices
- Book Review: “Mail-Order Mysteries: Real Stuff from Old Comic Book Ads”
- Online Retailer Pays Minimum Damages When Taken Down Item Inadvertently Returns–Rosen v. Netfronts
- JDate Member Agreement Upheld–Zaltz v. JDate (Forbes Cross-Post)
- Tenth Circuit Kills the Initial Interest Confusion Doctrine–1-800 Contacts v. Lens.com
- Think You Want To Be Told About Product Placements In Movies? Think Again (Forbes Cross-Post)
- University May Be Liable for Improper Access to Student’s Facebook Photos – Rodriguez v. Widener Univ.
- Dentist’s Defamation Lawsuit Against Yelp Preempted by Section 230–Braverman v. Yelp
- Book Review: “Unfair to Genius: The Strange and Litigious Career of Ira B. Arnstein”
- Employee Can’t Be Fired When His Login Credentials Are Used on Shared Computer to Access Porn — DOH v. Litten
- Catching Up on 512 Safe Harbor Cases (and Other Online Copyright Cases) From the Past Year
- Will The FTC’s Crackdown On Search Ad Disclosures Hurt Google’s Revenues? (Forbes Cross-Post)
- Judges’ Facebook Friendships Insufficient for Recusal .. Again
- Crass and Offensive Tweets by Student May not Justify Suspension — Rosario v. Clark County School Dist.
- Some 47 USC 230 Cases From the Past Year You Might Have Missed (Because I Didn’t Blog Them)
- Essay Explaining Why 47 USC 230 Should Immunize State Crimes
June 2013
- After “Bellwether Trial,” Court Says Malibu Media Isn’t Copyright Troll – Malibu Media v. Does
- “Heisman Pose” Photographer’s Lawsuit Whittled Down–Masck v. Sports Illustrated
- Freelancer Loses Copyright Claims Against Licensee Who Posted Photos to Facebook – Davis v. Tampa Bay Arena
- No New Trials When Jurors Haven’t Adequately Disclosed Facebook Friendships
- Why Craigslist’s ‘Casual Encounters’ Is A Bad Spot To Catch Predators (Forbes Cross-Post)
- H1 2013 Quick Links, Part 4 (Miscellaneous)
- H1 2013 Quick Links, Part 3 (Social Media and Content Regulation)
- H1 2013 Quick Links, Part 2 (Privacy, Search Engines)
- H1 2013 Quick Links, Part 1 (IP)
- “FTC Regulation of Social Media” Talk Slides and Recording
- Independent Contractor Relationship Between Sender and Advertiser Dooms Spam Claims – Kramer v. NCS
- Facebook Posting of Criminal Trial’s Witness List Isn’t a “True Threat”–US v. Amaya
- Warranty Disclaimer in PC TuneUp’s EULA Fails — Rottner v. AVG
- Online Dating Websites Aren’t Required To Warn That Some Members May Be Murderers (Forbes Cross-Post)
- CAN-SPAM Violations For Private WHOIS Information and Putting Disclosures in Remotely Served Images – ZooBuh v. Better Broadcasting
- Craigslist’s Anti-Consumer Lawsuit Threatens to Break Internet Law–Craigslist v. 3Taps/Padmapper (Forbes Cross-Post)
- Vermont Enacts The Nation’s First Anti-Patent Trolling Law (Forbes Cross-Post)
May 2013
- Second Circuit Summarily Affirms 512(c) Dismissal–Obodai v. Cracked
- Year-in-Review Talk on Online Marketing Issues
- Overly Cautious Judge Allows Discovery Before Resolving Section 230 Dismissal–Nasser v. WhitePages
- Court Denies Restraining Order Against Ex-Boyfriend Who Threatened to Post Revenge Porn — EC v. CBT
- Talk on Designing Optimal Safe Harbors and Immunities
- Google Crushes Home Decor Center’s Trademark Challenge to AdWords
- Suing Over Keyword Advertising Is A Bad Business Decision For Trademark Owners–General Steel v. Chumley (Forbes Cross-Post)
- Judge’s Facebook Friendship With Victim’s Parent Does not Taint Proceeding — Youkers v. Texas
- UK’s New Defamation Law May Accelerate the Death of Anonymous User-Generated Content Internationally (Forbes Cross-Post)
- Perfect 10 Gets a Surprising Partial Sumary Judgment in 512 Case–Perfect 10 v. Yandex
- Copyright Trolling Is Really Hard to Do Profitably–Righthaven v. Hoehn
- Yahoo’s User Agreement Fails in Battle Over Dead User’s Email Account–Ajemian v. Yahoo
- Suing Like It’s 2009: Parts.com Sues Google and Yahoo for Keyword Advertising
- Crazy SOPA-Like Attempt to Hold International Banks Liable for Pharmacy Spam Fails on Jurisdiction Grounds–Unspam v. Chernuk
- Assessing Winners and Losers in Google’s Worldwide Antitrust Battles (Forbes Cross-Post)
- Recap of Washington State’s Employer Social Media Password Bill
- More Evidence That Congress Misaligned the DMCA Online Copyright Safe Harbors–UMG v. Grooveshark (Forbes Cross-Post)
April 2013
- Differences Between Consumer Surveys for Trademark Cases and False Advertising Cases
- Typosquatting Claims Against Security Researcher Are Legally Complicated – Gioconda v. Kenzie
- Nosal Convicted of Computer Fraud and Abuse Act Crime Despite His Ninth Circuit Win – US v. Nosal
- Misguided Catfishing Scheme Leads to Discipline of College Students — Zimmerman v. Ball State
- You Shouldn’t Need a Copyright Lawyer to Pick a Dentist–Lee v. Makhnevich (Forbes Cross-Post)
- Talk Slides on Section 230, Anti-SLAPP Laws and Housing Anti-Discrimination
- Viacom Loses Again–Viacom v. YouTube
- Cynthia Moreno Guest Lecture to My Internet Law Course
- Why You’ll Soon Be Paying Sales Taxes on All of Your Internet Purchases–Amazon v. NY Taxation Department (Forbes Cross-Post)
- No Claim Based on Perez Hilton’s Publication of Unsolicited but Inflammatory Reader Email – Wargo v. Lavandeira
- Designing Optimal Immunities and Safe Harbors (Forbes Cross-Post)
- Another 512(f) Claim Fails–Tuteur v. Crosley-Corcoran
- Privacy on Trial: Reflections on Hoang v. IMDb
- Competitive Keyword Advertising Lawsuit Survives Motion to Dismiss–Elcometer v. TCQ-USA
- New Entrepreneur’s Law Clinic and Director Announced at Santa Clara University School of Law [SCU Press Release]
- Accessing Ex-girlfriend’s MySpace Account and Posting Offensive Content Results in Conviction
- Google Immunized for Its Search Results–Mmubango v. Google (Catch-up Post)
- A Judge Hopes Mark Zuckerberg Enjoys His Money Because “He’s Going to Hurt a Lot of People”–US v. Culver
- First Sale Doctrine Doesn’t Allow Resale of Digital Songs – Capitol Records v. ReDigi
- Online Trespass to Chattels Needs Structural Reform (Forbes Cross-Post)
- Product Review Website Defeats Trademark Claims–Boarding School Review v. Delta Career Education
- More Confirmation That Google Has Won the AdWords Trademark Battles Worldwide (Forbes Cross-Post)
March 2013
- Facebook Password Exchange Between Parties to Litigation Results in Spoliation Debacle – Gatto v. United Airlines
- FTC Warns Nordstrom Over Tweetup Freebies
- Why Google’s Commitment Letter to the FTC Isn’t Commercial Speech (Guest Blog Post)
- Judge Boots Privacy Lawsuit Against Pandora but Plaintiffs Can Replead – Yunker v. Pandora
- Ex-Lover Can Use Non-Disparagement Provision to Suppress Revenge Porn–Walls v. Klein
- The Supreme Court’s Kirtsaeng Ruling Is Good News for Consumers, but the First Sale Doctrine Is Still Doomed–Kirtsaeng v. John Wiley (Forbes Cross-Post)
- Minnesota’s Proposed Anti-Trademark Bullying Statute Misses the Mark (Guest Blog Post)
- Linkwrap of Google’s Antitrust Deal With the FTC
- First Amendment Protects Online Republication of Court Records–Nieman v. VersusLaw
- N.Y. Yankees Block Clothing Manufacturer’s “Baseball’s Evil Empire” Trademark Registration (Catch-Up Post)
- Another Credit Card Breach Lawsuit Fails – Willingham v. Global Payments
- Griping Blogger Protected by Fair Use But Not Section 230–Ascend Health v. Wells
- Book Recommendation: “Trademark and Deceptive Advertising Surveys”
- IMDB’s Disclosure of Actress’s Age Will Go To Trial – Hoang v. Amazon
- It’s Legally Okay if Google Thinks Your Name and Erectile Dysfunction Drugs Have Something to Do With Each Other (Forbes Cross-Post)
- Court Rejects Attempt to Hold Software Company Liable for Surveillance Conducted by Its Customer – Luis v. Zang
- Ex-Employer’s Hijacking of a LinkedIn Account Is a Publicity Rights Violation–Eagle v. Morgan
- “Regulation of Social Media and Mobile Media” Talk Slides
- Family Law Judge Discounts Tweets That Threatened Children and Discussed Alcohol Use – R.M. v. D.Z.
- Court Dismisses Data Breach Lawsuit Against LinkedIn Based on Compromised Passwords – In re LinkedIn User Privacy Litigation
- Amazon’s Merchandising of Its Search Results Doesn’t Violate Trademark Law (Forbes Cross-Post)
February 2013
- Buying Keyword Ads on People’s Names Doesn’t Violate Their Publicity Rights–Habush v. Cannon (Forbes Cross-Post)
- Employer Fails to State Stored Communications Act Claims Absent Allegations That Employees Interfered With Company Accounts – Castle Megastore v. Wilson
- Resetting One of the Longest Running Cyberbullying Cases–DC v. RR (Guest Blog Post)
- Lindsay Lohan Loses Publicity Rights Claim Against Pitbull Over Song Lyrics–Lohan v. Perez
- Building Owner Can’t Discover the Identity of Tenant Who Writes Bashing Yelp Review (Forbes Cross-Post)
- Before Graduated Response, There Was BSA’s “Define the Line” Program. What Happened to It? (Guest Blog Post)
- Telephone Consumer Protection Act Case Update – February 2013 Edition
- With Its Australian Court Victory, Google Moves Closer to Legitimizing Keyword Advertising Globally (Forbes Cross-Post)
- Facebook Posts and Twitter Invites Don’t Violate Non-Solicitation Clause — Pre-Paid Legal v. Cahill
- Another Google AdWords Advertiser Avoids Trademark Liability–Whipple v. Brigman
- “Heisman Pose” Photographer Sues for Copyright Infringement – Masck v. Sports Illustrated, et al.
- Revisiting the Ninth Circuit’s 1979 AMF v. Sleekcraft Case Post-Remand (Guest Blog Post)
- Israeli Court Says Full-Text RSS Feeds Create an Implied Copyright License (Guest Blog Post)
- Facebook Entry and Blog Post May Support Retaliation Claim – Stewart v. CUS Nashville
- Territorial Implications of Antigua’s Internet-Based IP Sanctions Against the US (Guest Blog Post)
- Yelp Defeats Legal Challenge to Its User Review Filter (Forbes Cross-Post)
- Conference Announcement: A 15 Year Retrospective of the Digital Millennium Copyright Act, SCU, March 15
- Newspaper Not Liable for Moderated Online Reader Comments–Gains v. Romkey (Catch-Up Post)
- What Should We Do About Revenge Porn Sites Like Texxxan? (Forbes Cross-Post)
- Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211
- Update: Facebook Countersues Profile Technology For Contract Breach–Facebook v. Profile Technology
- Employee’s Facebook Vacation Photos Supported Termination for FMLA Abuse — Lineberry v. Detroit Med. Ctr.
- “Privacy Policies in the United States” Presentation Slides
- California Supreme Court: Retail Privacy Statute Doesn’t Apply to Download Transactions – Apple v Superior Court (Krescent)
- Doctor Loses Defamation Case Over Online Remarks–McKee v. Laurion
January 2013
- Another Employee Behaves Badly on Social Media. Really, You “Can’t Make This Up.” — In re Palleschi
- Conviction Upheld for Impersonating Dead Sea Scrolls Scholars by Sending Out Emails Signed by Others – People v. Glob
- Google and Yahoo Defeat Trademark Lawsuit Over Keyword Ads–Clara Ison v. Google
- State Laws Restricting Social Media Use by Sex Offenders Are Failing in Court
- 17 USC 512(f) Is Dead–Lenz v. Universal Music
- Are Google Search Results Good Proxies for Secondary Meaning in Trademark Law?
- Why You Should Consider Teaching Advertising Law (Including Comments from Felix Wu of Cardozo)
- My Talk to High Schoolers About Accountability for Online Content
- 47 USC 230 Protects Online White Pages for Publishing Incorrect Phone Number–Nasser v. WhitePages
- Is Recusal Required When a Judge is Facebook “Friends” With a Prosecutor? Question Certified to Florida Supreme Court — Domville v. State
- Social Media Evidence Roundup – January 2013 Edition
- Some Concerns About Facebook’s “Graph Search”
- “Social Media and Trademarks” Presentation at AALS
- Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Morel
- Tenured Teacher Properly Fired for Facebook Quips About Her Students–In re Tenure Hearing of Jennifer O’Brien
- Virginia Supreme Court: Litigant Who “Cleans up” His Facebook Page May Be Sanctioned
- Top Ten Internet Law Developments of 2012 (Forbes Cross-Post)
- Q4 2012 Quick Links, Part 3 (47 USC 230 and more)
- Q4 2012 Quick Links, Part 2 (Privacy, Advertising, Content)
- Q4 2012 Quick Links, Part 1 (IP Edition)
- Let’s Stop Using the Term “Soft IP”
- The FTC Smartly Ends Its Imprudent Google Search Antitrust Investigation (Forbes Cross-Post)
- Privacy Plaintiffs in Deep Packet Inspection Case Get No Love From the Tenth Circuit — Kirch v. Embarq Managmenet
- In Its Rush to Fix Patent Reform, Congress Didn’t Fix Its Biggest Error (Forbes Cross-Post)
- The Problem of “International Orphan Works” (Guest Blog Post)
- Section 230 Still Keeping the Pro Se Plaintiffs at Bay–Klayman v. Facebook, and More