Twibel Ruling: Tweeting That Someone is “Fucking Crazy” is Not Defamatory

Twibel Ruling: Tweeting That Someone is “Fucking Crazy” is Not Defamatory

This is a case that addresses how defamation can play out on Twitter, which is a perennial favorite of mine (perhaps owing to my excessive participation in that medium). Feld tried to buy a horse (“Munition”) that would become a…

Xcentric Ventures Chips Away at Small Justice’s Copyright Workaround to Section 230

Xcentric Ventures Chips Away at Small Justice’s Copyright Workaround to Section 230

Goren is a lawyer. Dupont made a less than flattering post about Goren to the Ripoff Report site, which is famous for not removing posts even at the request of the author. (Ripoff Report is one of the most successful…

Court Rules That Kids Can Be Bound By Facebook's Member Agreement

Court Rules That Kids Can Be Bound By Facebook’s Member Agreement

The status of kids’ ability to form contracts via online terms of service was somewhat uncertain over the last several years, with a few Facebook-related rulings raising questions. A group of minor plaintiffs who opted out of the Fraley v. Facebook…

Yahoo! Scores Significant Win in Email-to-SMS Lawsuit

Yahoo! Scores Significant Win in Email-to-SMS Lawsuit

We’ve blogged a bunch about text spam lawsuits in general, and about those against Yahoo! as well. Most recently, a judge denied Yahoo!’s request to dismiss a lawsuit relating to IM-to-SMS functionality. (See “TCPA Claim Over Yahoo!’s IM to SMS…

Android and Pandora Privacy Rulings Accept Low Hurdle for Standing

Android and Pandora Privacy Rulings Accept Low Hurdle for Standing

A pair of rulings from Judge White in lawsuits involving the privacy practices of Android and Pandora employ a loose standard for standing and allowed plaintiffs in both cases to press forward with their claims. In re Google Android Consumer…

Another Reason Not To Let People Borrow Your Cellphone--Olsen v. Henderson

Another Reason Not To Let People Borrow Your Cellphone–Olsen v. Henderson

Pro-tip: if you’re going to let someone borrow your phone, make sure you don’t have any sexy selfies that can be freely accessed by anyone who accesses the phone. (Probably a good idea to secure your photos anyway.) Brian Olsen…

CafePress May Not Qualify For 512 Safe Harbor – Gardner v. CafePress

CafePress May Not Qualify For 512 Safe Harbor – Gardner v. CafePress

Gardner is a wildlife photographer. He sued CafePress and Beverly Teall alleging that Teall sold a product through CafePress displaying one of Gardner’s images. While only one image was at issue in the operative complaint, prior to mediation, plaintiff’s counsel…

Court Blesses Instagram's Right to Unilaterally Amend Its User Agreement--Rodriguez v. Instagram

Court Blesses Instagram’s Right to Unilaterally Amend Its User Agreement–Rodriguez v. Instagram

Instagram revised its terms of service in December 2012. The revisions (1) stated that Instagram was disclaiming “ownership of content” posted by users, as opposed to disclaiming “any ownership rights in content” posted by users; (2) broadened the scope of…

Employer Who Takes Over Employee's Social Media Accounts May Commit Privacy Violation--Maremont v Susan Fredman Design

Employer Who Takes Over Employee’s Social Media Accounts May Commit Privacy Violation–Maremont v Susan Fredman Design

We’ve blogged about the dispute between Maremont and Susan Fredman Design Group before. Maremont was employed as SFDG’s social media consultant, and when she was injured in a severe accident, SFDG allegedly continued to access (1) a Twitter account registered…

In Its "Innocence of Muslims" Ruling, the Ninth Circuit is Guilty of Judicial Activism--Garcia v. Google

In Its “Innocence of Muslims” Ruling, the Ninth Circuit is Guilty of Judicial Activism–Garcia v. Google

In a ruling that sent shockwaves through the internet community, the Ninth Circuit, with one judge dissenting, found that an injunction should have been granted against YouTube, requiring removal of the “Innocence of Muslims” film. Does Garcia have a copyright…