Copying Blogger's Posts In Disciplinary Proceeding Is Fair Use--Denison v. Larkin

Copying Blogger’s Posts In Disciplinary Proceeding Is Fair Use–Denison v. Larkin

The plaintiff, JoAnne M. Denison, is an Illinois attorney and operated a blog, MaryGSykes.com. Denison blogged about a guardianship case she believed was marred by corruption. The Illinois attorney disciplinary board alleged that she made false statements on her blog…

Fictional Software Brand In 'Dark Knight Rises' Movie Doesn't Infringe Real-Life Software Brand--Fortres Grand v. Warner Bros.

Fictional Software Brand In ‘Dark Knight Rises’ Movie Doesn’t Infringe Real-Life Software Brand–Fortres Grand v. Warner Bros.

This case involves a key plot device, called “Clean Slate” software, from the movie Dark Knight Rises, part of the umpteenth attempt to reboot the Batman franchise. The fictional software provides an uber right-to-be-forgotten; it “enables an individual to erase…

Brazil's Internet Bill of Rights Compared to Section 230 (Excerpt from My Internet Law Casebook)

Brazil’s Internet Bill of Rights Compared to Section 230 (Excerpt from My Internet Law Casebook)

I recently announced the release of my 2014 Internet Law casebook. For this year’s edition, I added a module exploring comparative intermediary liability, explaining how Section 230 differs from some other intermediary regulatory schemes adopted around the globe. Below, I’ve…

Fining Customers For Negative Online Reviews Isn't New...Or Smart (Forbes Cross-Post)

Fining Customers For Negative Online Reviews Isn’t New…Or Smart (Forbes Cross-Post)

Last week, we learned that a New York hotel, the Union Street Guest House, was fining guests $500 for posting negative online reviews. The story received considerable media attention because the restriction violates our social norms and is almost certainly…

Does Yelp Have The 'Most Trusted Reviews'? A Court Wants To Know More (Forbes Cross-Post)

Does Yelp Have The ‘Most Trusted Reviews’? A Court Wants To Know More (Forbes Cross-Post)

Few online algorithms generate as much criticism as Yelp’s algorithm for filtering its users’ reviews, but Yelp has so far successfully avoided a serious legal challenge to its filter. Recently, a California appellate court green-lighted a lawsuit over how Yelp…

2014 Internet Law Casebook and Syllabus Now Available

2014 Internet Law Casebook and Syllabus Now Available

My 2014 Internet Law syllabus and updated casebook ($8 DRM-free PDF download) are now online. This year I’m celebrating my 20th year teaching the course! (For more background on my Internet Law course, see this essay). This post will explain…

'Silk Road' Ruling Will Hurt Online Commerce (Forbes Cross-Post)

‘Silk Road’ Ruling Will Hurt Online Commerce (Forbes Cross-Post)

You may have heard of Silk Road, an online marketplace that enabled hard-to-trace buying and selling of illegal goods. The court says it was “as if the purchases were occurring on eBay;” buyers and sellers could even leave feedback about…

Q2 2014 Quick Links, Part 4 (Content Regulation, Prostitution & More)

Q2 2014 Quick Links, Part 4 (Content Regulation, Prostitution & More)

Content Regulation * Jancik v. Redbox Automated Retail, LLC, 2014 WL 1920751 (C.D. Cal. May 14, 2014) (cites omitted). Another websites-and-ADA case diverging from the troubling 2012 Netflix ruling: However, the Redbox Instant website and the Redbox kiosks cannot be…

Q2 2014 Quick Links, Part 3 (Privacy, Marketing, E-Commerce & More)

Q2 2014 Quick Links, Part 3 (Privacy, Marketing, E-Commerce & More)

Privacy * Snapchat’s basic value proposition (“Disappearing digital photos”) has been deceptive from the beginning. The FTC busted them for it. (I saw James Grimmelmann added this to his Internet Law casebook. We’ve also added it to our Advertising Law…

Q2 2014 Quick Links, Part 2 (Consumer Reviews, Defamation & More)

Q2 2014 Quick Links, Part 2 (Consumer Reviews, Defamation & More)

Consumer Reviews * In re Margrett A. Skinner (Ga. Sup. Ct. May 19, 2014). Lawyer publicly reprimanded for disclosing client confidential information to rebut the client’s online reviews. See my Forbes post. * Loftus v. Nazari, 2:10-cv-00279-WOB-JGW (E.D. Ky. May…