Top 10 Internet Law Developments of 2015 (Forbes Cross-Post)

Top 10 Internet Law Developments of 2015 (Forbes Cross-Post)

I’m pleased to present my annual list of top Internet Law developments from the past year. As the years go by, increasingly the most important Internet Law developments/crackdowns are occurring internationally, but I tried to focus on U.S. developments. 10)…

What's the Legal Definition of a "Social Media Site"? Uh... (People v. Lopez)

What’s the Legal Definition of a “Social Media Site”? Uh… (People v. Lopez)

I’ve previously discussed “social media exceptionalism,” i.e., the development of legal rules applicable only to social media predicated on the assumption that it’s somehow unique, special or different from other media, online or off. I’ve never found a principled justification…

Posting Mocking Photo To Social Media May Be Tortious....If You're Shaq--Binion v. O'Neal

Posting Mocking Photo To Social Media May Be Tortious….If You’re Shaq–Binion v. O’Neal

Jahmel Binion alleges that Shaquille O’Neal posted to Instagram and Twitter a picture of him that portrayed Binion in a derogatory capacity. Binion suffers from a skin disease that left him disfigured. Shaq posted a picture of Binion side-by-side with…

Section 230 Doesn't Protect Email Forwarding of Screenshotted Tweets?--Maxfield v. Maxfield

Section 230 Doesn’t Protect Email Forwarding of Screenshotted Tweets?–Maxfield v. Maxfield

This case is a spinout ancillary lawsuit from the main divorce proceedings between the parties, and neither party was represented by a lawyer in this case. Given those attributes, this case may not be good precedent, but I’m blogging it…

2H 2015 Quick Links, Part 8 (Consumer Reviews, Google)

2H 2015 Quick Links, Part 8 (Consumer Reviews, Google)

Consumer Reviews * In the hotel industry, “social media postings are resulting in additional capital expenditures as owners become more aware of and respond to criticisms and unfavorable comments. This effect became significant starting around 2012 and continues to increase.”…

2H 2015 Quick Links, Part 6 (Social Media)

2H 2015 Quick Links, Part 6 (Social Media)

* Burge ex rel. Burge v. Colton School Dist. 53, 2015 WL 1757161 (D. Or. April 17, 2015). 8th grader gets a C in a class and gets grounded. He vents about the teacher on Facebook: Braeden initially posted that…

2H 2015 Quick Links, Part 5 (Section 230, Pornography)

2H 2015 Quick Links, Part 5 (Section 230, Pornography)

Section 230 * Backpage.com, LLC v. Dart, 2015 WL 7717221 (7th Cir. Nov. 30, 2015) In his public capacity as a sheriff of a major county (Cook County has a population of more than 5.2 million), Sheriff Dart is not…

2H 2015 Quick Links, Part 4 (Content Regulation & More)

2H 2015 Quick Links, Part 4 (Content Regulation & More)

* Miquel Peguera: “The man who won the right-to-be-forgotten case in the Court of Justice of the European Union (CJEU) has now been denied the right to suppress links to comments about that case by the Spanish Data Protection Authority…

YouTube Wins Another Case Over Removing And Relocating User Videos (Forbes Cross-Post)

YouTube Wins Another Case Over Removing And Relocating User Videos (Forbes Cross-Post)

I recently blogged about a lawsuit against YouTube for taking down a user’s video and relocating it to a different URL. Users get upset when their videos are removed-and-relocated because the process strips the video of its view count and…

Bashing Your Litigation Opponent in an Online Message Board? Go For It! (Forbes Cross-Post)

Bashing Your Litigation Opponent in an Online Message Board? Go For It! (Forbes Cross-Post)

As Marshall McLuhan said, the medium is the message, and this principle is influencing online defamation jurisprudence. Judges frequently bend defamation standards for cases involving the rough-and-tumble world of online message boards (see, e.g., LeBlanc v. Skinner, Seldon v. Compass…