Employer Gets Section 230 Immunity For Employee's Posts--Miller v. FedEx

Employer Gets Section 230 Immunity For Employee’s Posts–Miller v. FedEx

[Note: I am massively behind in blogging Section 230 cases. I probably have a dozen or so festering in my queue. C'est la vie. This case jumps to the front of the queue because of its recency and its relatively...

Supreme Court Changes False Advertising Law Across the Country (Forbes Cross-Post)

Supreme Court Changes False Advertising Law Across the Country (Forbes Cross-Post)

Last week, in Lexmark v. Static Control, the Supreme Court articulated new standards about who can sue for false advertising under federal law. Because the Supreme Court rejected all of the disparate legal tests currently being used, this ruling will…

Ninth Circuit Rejects Plaintiffs' Bad Misreadings of eBay's User Agreement--Block v. eBay

Ninth Circuit Rejects Plaintiffs’ Bad Misreadings of eBay’s User Agreement–Block v. eBay

Even after all of these years, I remain amazed by the bizarre contract misinterpretations that plaintiffs’ lawyers are capable of. Today’s case targeted the eBay user agreement, a document of special interest to me given my contributions to the agreement…

Court Spoils “Banana Lady's” Appeal Over Online Recordings of Her Act

Court Spoils “Banana Lady’s” Appeal Over Online Recordings of Her Act

Catherine Conrad is the “Banana Lady” (see her Facebook photos) who delivers singing birthday telegrams. I didn’t know such things still exist, but perhaps they do in the Midwest (she’s based in the Madison, Wisconsin area). For reasons the court…

47 USC 230's Legislative History

47 USC 230′s Legislative History

I had reason to revisit the legislative history for 47 USC 230, which was Section 509 of the Telecommunications Act of 1996.[FN1] For some reason, I had trouble retrieving it through typical Google searches, so I’m sharing it here for…

Epinions, The Path-Breaking Website, Is Dead. Some Lessons It Taught Us (Forbes Cross-Post)

Epinions, The Path-Breaking Website, Is Dead. Some Lessons It Taught Us (Forbes Cross-Post)

Before Yelp and TripAdvisor, before blogs or social media, there was Epinions.com. Founded in 1999, Epinions was a consumer review website before we fully appreciated how much we needed consumer reviews. It made several advances over other websites of its…

Talk on Why State Legislatures Shouldn't Regulate Internet Privacy

Talk on Why State Legislatures Shouldn’t Regulate Internet Privacy

As regular readers know, I view state legislatures as currently the #1 threat to the Internet’s integrity. In the name of “protecting the kids” and “helping the Internet”, state legislatures are manufacturing a slew of anti-innovation laws that cumulatively threaten…

Daughter's Celebratory Facebook Post Really "Sucked"--Gulliver Schools v. Snay

Daughter’s Celebratory Facebook Post Really “Sucked”–Gulliver Schools v. Snay

Patrick Snay was headmaster at Gulliver Preparatory School, a private school in the Miami area. The school didn’t renew his contract, so he sued for age discrimination and retaliation. The parties settled confidentially for $150k, broken down as $10k of…

My Wife Has Lung Cancer. Read Her Story

My Wife Has Lung Cancer. Read Her Story

[Introductory note: I don't normally cross-post from my personal blog, but this post is so important to me that I wanted to share it here as well.] Nothing in life prepared me for the moment when the doctor told me…

More Intellectual Property Trivia Questions (The Outtakes)

More Intellectual Property Trivia Questions (The Outtakes)

Recently I posted our IP trivia quiz from WIPIP. To prepare those trivia questions, my colleagues (Tyler Ochoa and Brian Love) and I made a list of potential questions and then picked our favorites. In this post, I’m sharing the…