9th Circuit Creates Problematic "Failure To Warn" Exception to Section 230 Immunity--Doe 14 v. Internet Brands

9th Circuit Creates Problematic “Failure To Warn” Exception to Section 230 Immunity–Doe 14 v. Internet Brands

Doe sued Internet Brands, Inc., the owner of Model Mayhem, alleging that two unrelated individuals drugged and assaulted her (and recorded her for a pornographic video). It’s unclear precisely how the assailants used Model Mayhem, but the court merely says…

Texas Supreme Court Limits Reach of Pre-suit Discovery (Guest Blog Post)

Texas Supreme Court Limits Reach of Pre-suit Discovery (Guest Blog Post)

[Eric’s introduction: this guest blog post comes from Ed Cavazos of Bracewell & Giuliani in Austin, Texas, who I’ve known for 20 years. Ed was part of the first wave of lawyers and scholars focusing on Internet law, and he…

California Tells Businesses: Stop Trying To Ban Consumer Reviews (Forbes Cross-Post)

California Tells Businesses: Stop Trying To Ban Consumer Reviews (Forbes Cross-Post)

Increasingly, businesses are looking for ways to suppress or erase consumers’ negative online reviews of them. In particular, we’ve recently seen a proliferation of contract clauses purporting to stop consumers from reviewing businesses online. Those overreaching contract clauses have never…

Ninth Circuit Says Yelp Doesn't Extort Businesses--Levitt v. Yelp (Forbes Cross-Post)

Ninth Circuit Says Yelp Doesn’t Extort Businesses–Levitt v. Yelp (Forbes Cross-Post)

For years, Yelp has been dogged by allegations that it manipulates user reviews to coerce businesses to advertise with it. While businesses aren’t likely to stop grumbling about these concerns any time soon, a federal appellate court emphatically shut the…

Internet Law Professors Ask California Supreme Court To Review Pharmaceutical Liability Case

Internet Law Professors Ask California Supreme Court To Review Pharmaceutical Liability Case

Hardin v. PDX is a quirky case that flew under the radar a bit. The case was brought by Hardin, a victim injured by bad drug interactions. She claims that she would have avoided the interaction if she had been…

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…

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…

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…