“Volitional Conduct” Doctrine Helps DistroKid Defeat Copyright Infringement Claim–White v. DistroKid
…DistroKid, which describes itself as “a service for musicians that puts your music into online stores & streaming services.” After the alleged license breach, White took down the album, but…
Catching Up on the Heavyweight Scraping Battle Between X and Bright Data (Guest Blog Post)
…Code, tortious interference with a contract, and breach of contract claims. And it sought to supplement its complaint with DMCA, CFAA, and CDAFA claims. Here’s how it went: Trespass to…
Court Declares Parts of Twitter’s TOS Unconscionable–Gerber v. Twitter
…and limitation of liability, against the plaintiffs’ claims for breach of contract, breach of implied contract, negligence, gross negligence, and unjust enrichment. However, everyone agrees that gross negligence can’t be…
Facebook Defeats User’s TOS Breach Claim–Lloyd v. Facebook
…This summer, the Ninth Circuit largely affirmed, but it revived the contract breach claim for procedural reasons. I wrote then: “This resurrects Lloyd’s breach of contract claim, but only temporarily….
Does IP Law Protect Influencers’ Aesthetics?–Gifford v. Sheil (Guest Blog Post)
…suit, in which 24-year-old influencer Sydney Nicole Gifford accuses another influencer, 22-year-old Alyssa Sheil, of copying both her posts and her style, may have an outsized effect on the law…
Suspended Twitter User Loses Lawsuit Due to Section 230–Ryan v. X
…platform. To the extent that is the case, his claims are barred by section 230.” Breach of Contract. “Ryan’s breach of contract claim fails as a matter of law because…
What Is It With “Kennedy” Politicians Bringing Weak Lawsuits Against Facebook?–Baldwin-Kennedy v. Meta
…let alone on a specific timeline. The Terms only state that Defendant may take certain actions in response to harmful conduct or violating content.” Breach of Contract. “Plaintiff appears to…
Ninth Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Ads–Lerner & Rowe v. Brown Engstrand
…factual findings, but that rule is routinely honored in the breach in trademark law cases, where appellate judges all the time make assumptions about consumer behavior that have little or…
Five Decisions Illustrate How Section 230 Is Fading Fast
…to hold Meta liable for breaching a duty to disclose the harms of its platforms’ features, including the plastic surgery filter, then the claim is based on Meta’s own conduct,…
When It Comes to Section 230, the Ninth Circuit is a Chaos Agent–Estate of Bride v. YOLO
…Calise v. Facebook case, where Section 230 preempted a promise-based false advertising claim disregard the California state courts, which have repeatedly held that Section 230 applies to contract breach claims…