eBay Isn't Liable for Selling Recalled Merchandise--Hinton v. Amazon

eBay Isn’t Liable for Selling Recalled Merchandise–Hinton v. Amazon

Due to Section 230, eBay generally isn’t liable when its merchants sell problematic goods. I believe the earliest ruling establishing this proposition is Stoner v. eBay, a 2000 case over bootleg recordings. More recently, in 2011, a court held that…

First Amendment Bars School Discipline For Student's Rap Video About School Coaches

First Amendment Bars School Discipline For Student’s Rap Video About School Coaches

Bell was a student at Itawamba Agricultural High School in Fulton, Mississippi. A few female students told Bell that two male athletic coaches had made inappropriate comments toward them. Bell, an aspiring rapper, made a video about the two coaches….

Lawyer Disciplined for Sending Facebook Message to Adverse Party

Lawyer Disciplined for Sending Facebook Message to Adverse Party

An 18 year old had sex with a co-worker and ended up pregnant. She gave up the baby for adoption, but the biological father did not consent. The mother had signed an adoption consent form. Prior to the date of…

Legal Blog Faces Defamation Liability for Mischaracterizing Prior Legal Proceedings--Huon v. Above the Law

Legal Blog Faces Defamation Liability for Mischaracterizing Prior Legal Proceedings–Huon v. Above the Law

Plaintiff, a lawyer, was charged with assault in 2008 and charged in 2009 for cyberstalking and witness harassment (based on one of his blog posts?) involving the same alleged victim. He was acquitted of both charges. His charges and trial…

Bust Up Google? Only If Europe Wants To Make Things Worse (Forbes Cross-Post)

Bust Up Google? Only If Europe Wants To Make Things Worse (Forbes Cross-Post)

Recently, the European Parliament passed a resolution urging the European Commission to “consider proposals aimed at unbundling search engines from other commercial services.” The resolution was mostly symbolic. It was really just a straw poll on European policy-makers’ high level…

Appeals Court Affirms Harassment Order Based on Vague Testimony of Indirect Contacts

Appeals Court Affirms Harassment Order Based on Vague Testimony of Indirect Contacts

This is a civil harassment case. Kwan and Murcia both worked at CVS but at different stores (both as managers). Kwan filed a request for a harassment restraining order against Murcia, alleging that he was cyber harassing her and texted…

Section 230 Precludes Injunctive Relief Against Message Boards--Medytox v. InvestorsHub

Section 230 Precludes Injunctive Relief Against Message Boards–Medytox v. InvestorsHub

We’re celebrating #ThrowbackThursday today at the Technology & Marketing Law Blog! InvestorsHub runs message boards on financial topics. A user, Hawley, posted several messages on InvestorsHub about Medytox and its principals. Medytox and the principals sued Hawley for defamation and…

When Does Social Media Chatter Become Criminal? Previewing The Supreme Court's 'Elonis' Case (Forbes Cross-Post)

When Does Social Media Chatter Become Criminal? Previewing The Supreme Court’s ‘Elonis’ Case (Forbes Cross-Post)

Social media combines the power of printed words with the immediacy of oral conversations. While social media frequently enriches our lives, it also enables incivil behavior such as the threats of violence against others. Should we interpret a social media…

Creditors Can't Seize Country Code Top Level Domains

Creditors Can’t Seize Country Code Top Level Domains

This is a ruling addressing plaintiffs’ ability to levy against a country code top level domain (TLD). Plaintiffs obtained judgments against the Islamic Republic of Iran, Democratic People’s Republic of Korea, and Syrian Arab Republic. They sought to attach defendants’…

Lawsuit Over User-Posted Celebrity Photos Survives Dismissal--BWP v. Hollywood Fan Sites

Lawsuit Over User-Posted Celebrity Photos Survives Dismissal–BWP v. Hollywood Fan Sites

The plaintiffs own copyrights in celebrity photos. The defendants run the Hollywood.com “fan site network” with 1,500+ websites dedicated to celebrities, TV shows, etc. The complaint alleges that the entire fan site network is predicated on republishing stolen photos, and…