Section 512(f) Complaint Survives Motion to Dismiss–Johnson v. New Destiny Church

Section 512(f) litigation has resulted in so much futility that it’s big news when a 512(f) complaint even survives a motion to dismiss. In this case, Johnson allegedly displayed copyrighted photos and videos of Paula White Ministries (the court implies…

On Remand, Ninth Circuit Says Robins Satisfied Article III Standing

Robins v. Spokeo is a putative class action that looked like it would examine the contours of Article III standing. The Supreme Court remanded to the Ninth Circuit so it could take a second look as to whether Spokeo’s allegations amounted…

German Court Says Ad-Blocking is Liberation, Not Extortion (Guest Blog Post)

[By guest blogger Russell A. Miller, the JB Stombock Professor of Law at Washington & Lee University, where his teaching and research focuses on German law and legal culture. He is the co-founder and Co-Editor-in-Chief of the German Law Journal. He has…

Homeowners Can’t Sue Over Low Zestimates–Patel v. Zillow

Have you ever looked at Zillow’s zestimate for your residence? I treat zestimates as entertainment more than truth, much like going to an astrologer. But if the zestimate is way below a property’s listing price, that’s going to spook some…

‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein

Plaintiff Matt Hosseinzadeh published a video skit featuring the “Bold Guy” character, “Bold Guy vs. Parkour Girl” video. Ethan and Hila Klein created a “reaction video” to it. Hosseinzadeh’s video is five minutes and twenty-four seconds. The Kleins used three…

Backpage Executives Must Face Money Laundering Charges Despite Section 230--People v. Ferrer

Backpage Executives Must Face Money Laundering Charges Despite Section 230–People v. Ferrer

Yesterday, a California superior court judge dismissed pimping charge (due to Section 230) but did not dismiss money laundering charges against three Backpage executives. This ruling has potentially significant consequences for Backpage and its executives, the pending Congressional bills to…

Browsewrap/Clickwrap Distinction Vexes Another Court--Nevarez v. Ticketmaster

Browsewrap/Clickwrap Distinction Vexes Another Court–Nevarez v. Ticketmaster

We just blogged about online contract formation yesterday, but it’s worth revisiting the topic so quickly because this case demonstrates another crash-and-burn failure of the browsewrap-clickwrap dichotomy. How many times must the “wrap” categorization fail before judges recognize that it’s…

White-on-White Trademark Usage Might Constitute Initial Interest Confusion–Agdia v. Xia

Are we really litigating trademark references in white-on-white text in 2017??? Yes, we are, and yes, the whole case is a throwback to the mid-2000s (e.g., the 2008 Venture Tape case)–with effects that would be comical if they weren’t so…

LinkedIn Enjoined From Blocking Scraper--hiQ v. LinkedIn

LinkedIn Enjoined From Blocking Scraper–hiQ v. LinkedIn

hiQ Labs has scraped LinkedIn public profiles for several years. hiQ offers two products, entirely predicated on LinkedIn-scraped data: (1) a prediction to employers which employees were mostly likely to be recruited away, and (2) a summary of employee skills….