This is a putative class action lawsuit against Take-Two, the video game publisher. Plaintiffs allege that the “MyPlayer” feature on NBA 2K15 violated Illinois’ biometric information privacy statute. The feature allowed players to upload a face-scan and then use a…

Woman Fired For Pro-Trump Tweet Gets Unemployment Benefits--Waverly Heights v. Jungclaus

I just blogged on a case involving Facebook’s suspension of a Bowling Green Massacre gaslighter. Today, I’m blogging about a woman fired for a pro-Trump tweet. It’s pretty clear my blogging queue will be overflowing with Trump-related litigation for years to come. #MALGA…

Commemorating the 20 Year Anniversary of Zeran v. AOL

You’re probably already quite familiar with the Fourth Circuit’s 1997 in Zeran v. AOL. The case is one of the most cited Internet Law cases of all time, and it is a staple of Internet Law course syllabi around the country and…

Earlier this month, I spoke at the California State Bar IP Section’s “IP Institute” in Newport Beach. My topic was “What’s Up With the Defend Trade Secrets Act?” I used the 60 minute session to look at what’s been happening in the…

Facebook Defeats Lawsuit By User Suspended Over 'Bowling Green Massacre'--Shulman v. Facebook

This lawsuit is detritus from the KellyAnne Conway “Bowling Green Massacre” fiasco. You may recall that Conway, in her official White House role, referred to a “massacre” at Bowling Green that never happened. The plaintiff says he posted articles to Facebook allegedly…

Repeated Unwanted Emails to Politician's Personal Email Address Can be Harassment--Hagedorn v. Cattani

This is a First Amendment retaliation case. Plaintiff alleges that local officials retaliated against her for exercising her First Amendment rights. One of the defendants is mayor of the small village where plaintiff resided (Timberlake, “a small village of six-…

YouTube Defeats Defamation Claim in 'Remove-and-Relocate' Case--Bartholomew v. YouTube

YouTube has been sued numerous times for “removing-and-relocating” videos it thinks were promoted by spam. When it does a remove-and-relocate, YouTube takes down the video, discloses at the original URL that “This video has been removed because its content violated YouTube’s…

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] In 2009, the 9th Circuit ruled that Section 230(c)(2) protected Kaspersky from liability for blocking Zango’s software as adware. Since that ruling, we have seen relatively few…

Court Rejects Gossip Site's Fair Use Defense--Barcroft v. Coed Media

This is a copyright lawsuit by owners of celebrity photos against a gossip and entertainment website. It’s noteworthy because it went to trial and the plaintiffs prevailed, but the damage award is modest. The court finds that plaintiffs owns or validly…

How SESTA Undermines Section 230's Good Samaritan Provisions

The following is my response to Questions for the Record submitted by Sen. Cortez Masto. Given that she has already co-sponsored SESTA following the Manager’s Amendment and IA’s flip, my response may be too late to matter (not that it would…