Backpage Can’t Challenge the SAVE Act–Backpage v. Lynch

I never had a chance to blog the 2015 SAVE Act, but I always meant to. It’s one of the rare times that Congress intentionally circumscribed Section 230. However, instead of amending Section 230 directly, Congress added a federal criminal…

Google Loses Two Section 230(c)(2) Rulings–Spy Phone v. Google and Darnaa v. Google

Section 230(c)(2) doesn’t get a lot of love from practitioners or academics because it doesn’t get a lot of love in court. At the motion to dismiss stage, plaintiffs often can get past a Section 230(c)(2) defense by alleging the…

Court Upholds Airbnb’s Terms of Service–Selden v. Airbnb

This lawsuit alleges that Airbnb’s “hosts” racially discriminate when accepting customers’ bookings. Airbnb sought to send the case to arbitration per its Terms of Service, which the plaintiffs challenges. Contract Formation Trying to sort through the nomenclature confusion created by…

2H 2016 Quick Links, Part 1 (Special Election Edition)

I’ve already cast my ballot, and I hope you will vote too. I don’t normally wade into election politics but there have been several election issues that touch on topics of interest to this blog. So, for the first time,…

Stock Music Library Wins DMCA Safe Harbor Defense–Hempton v. Pond5

Gordon Hempton, an “acoustic ecologist,” creates sound clips of nature. Pond5 runs a stock library–similar to an online marketplace–consisting of 20M content items, including music clips, uploaded by 58,000 registered users. “ckennedy342” is a Pond5 uploader who, it turns out,…

Another Tortured DMCA Online Safe Harbor Ruling–EMI v. MP3Tunes

We’re inadvertently “celebrating” Section 512 week at the Technology and Marketing Law Blog, with Monday’s post on the Copyright Office’s kneecapping of designated agents, today’s post on the MP3Tunes ruling, and a forthcoming post on Pond5. In the past, blogging…

Copyright Office Gratuitously Kills the DMCA Safe Harbor For Thousands of Websites

This story has been like watching a train wreck in slow motion. In 2011 (yes, over 5 years ago), the Copyright Office announced that it was going to transition the designation of DMCA safe harbor agents from paper to electronic….

How Will Courts Handle A “Poor Man’s Copyright”?

I recently came across a complaint (in Vernon v. CBS) referencing a “poor man’s copyright,” and I couldn’t recall seeing the term in a legal filing or document before. This made me curious about whether any courts had discussed the…

Celebrating Judge Ronald Whyte's Contributions to Internet Law

Celebrating Judge Ronald Whyte’s Contributions to Internet Law

As you may know, Judge Ronald Whyte is retiring from the Northern District of California. Last week, a symposium at Stanford celebrated his contributions to IP law, especially patent law. The Recorder’s writeup. My photo album. Judge Whyte’s Contributions to…

Call for Papers/Participation: 7th Annual Internet Law Works-in-Progress, SCU, March 4, 2017

Call for Papers/Participation: 7th Annual Internet Law Works-in-Progress, SCU, March 4, 2017

We invite your participation in the Seventh Annual Internet Law Works-in-Progress conference at Santa Clara University School of Law, March 4, 2017. The conference series is co-sponsored by the High Tech Law Institute at Santa Clara University School of Law…