Lock Manufacturer Onity Had Only One Job, But Isn't Liable For Failing To Do It Well (Forbes Cross-Post)

Lock Manufacturer Onity Had Only One Job, But Isn’t Liable For Failing To Do It Well (Forbes Cross-Post)

Let’s start with two non-controversial propositions: (1) no lock offers perfect security, and (2) any lock that can be defeated by a “stupidly simple” method is functionally worthless. But can a buyer of a functionally worthless lock recover in court?…

Blogspot Gets Section 230 Win In 11th Circuit--Dowbenko v. Google

Blogspot Gets Section 230 Win In 11th Circuit–Dowbenko v. Google

Another Section 230 case with a pro se plaintiff. Dowbenko claimed that that the “Encyclopedia of American Loons” website, located at http://americanloons.blogspot.com, contained a copyrighted photo of him and defamed him. The court says: Mr. Dowbenko’s defamation claim is preempted…

Section 230 Applies to Amazon Book Reviews--Joseph v. Amazon

Section 230 Applies to Amazon Book Reviews–Joseph v. Amazon

As I’ve recently mentioned, many recent Section 230 rulings involve pro se plaintiffs because most lawyers have wizened up to Section 230’s immunity. In this case, Dr. Joseph, a pro se plaintiff, brings a long list of gripes about Amazon…

Online Marketplaces Facilitating Gun Sales Don't Kill People. People Kill People (Forbes Cross-Post)

Online Marketplaces Facilitating Gun Sales Don’t Kill People. People Kill People (Forbes Cross-Post)

We’re seeing increasing attempts to hold online marketplaces responsible for illegal user transactions on their site. A recent federal appellate ruling rejected one such lawsuit involving an online gun marketplace transaction that led to a murder. What Happened After his…

Primer on European Union's Right To Be Forgotten (Excerpt from My Internet Law Casebook) + Bonus Linkwrap

Primer on European Union’s Right To Be Forgotten (Excerpt from My Internet Law Casebook) + Bonus Linkwrap

I haven’t yet written about the ECJ Right to Be Forgotten ruling directly, though I’ve already referenced it on the blog a few times. The ruling itself came out during a business trip when I was tied up, so I…

New Copyright Office Compendium Discussion About Designating Sec. 512 Agents

New Copyright Office Compendium Discussion About Designating Sec. 512 Agents

The Copyright Office has released a pretty nifty document called the Compendium of U.S. Copyright Office Practices, Third Edition. The second edition was written 30 years ago, so it’s about time we got a new edition! I thought the document…

Announcing the Second Edition of "Advertising & Marketing Law: Cases and Materials" by Tushnet & Goldman

Announcing the Second Edition of “Advertising & Marketing Law: Cases and Materials” by Tushnet & Goldman

Rebecca Tushnet and I are pleased to announce the release of Advertising & Marketing Law: Cases and Materials, second edition (2014). It’s available at Gumroad as a $11.50 DRM-free download (PDF version / epub mobile device version) and other outlets….

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…