No Fee Shift In Bogus Lawsuit Against Review Website--Roca v. PissedConsumer

No Fee Shift In Bogus Lawsuit Against Review Website–Roca v. PissedConsumer

In October, a court issued a really interesting and decisive Section 230 defense win. I ran out of time to blog it, but a recent follow-on ruling gives me an opportunity to ccover both rulings. The October Ruling Roca Labs…

Senate Passes Consumer Review Freedom Act

Senate Passes Consumer Review Freedom Act

As you recall, the Consumer Review Freedom Act would prevent businesses from restricting consumers’ reviews of their businesses. This week, the Senate approved the bill by unanimous consent. On the floor, the sponsors introduced a new version of the bill….

Can YouTube 'Remove And Relocate' User Videos Capriciously?--Darnaa v. Google (Forbes Cross-Post)

Can YouTube ‘Remove And Relocate’ User Videos Capriciously?–Darnaa v. Google (Forbes Cross-Post)

Most of us uploading YouTube videos aren’t deeply invested in their continued availability. If YouTube removed our videos or relocated them to a different URL, we might be puzzled why but otherwise would probably shrug our shoulders. However, YouTube is…

Stockholders Can't Sue Yelp Because Of Fake Reviews (Forbes Cross-Post)

Stockholders Can’t Sue Yelp Because Of Fake Reviews (Forbes Cross-Post)

Are there fake user reviews on Yelp? Sure–Yelp freely admits it. Nevertheless, plaintiffs have attempted a variety of legal theories to hold Yelp legally responsible for those fake reviews. Recently, a federal court shut down one of those lawsuits, holding…

Facebook Can Legally Block Pages Without Any Explanation--Sikhs For Justice v. Facebook (Forbes Cross-Post)

Facebook Can Legally Block Pages Without Any Explanation–Sikhs For Justice v. Facebook (Forbes Cross-Post)

For many users, Facebook feels like a utility. Facebook users use Facebook to create new things and expect it to work reliably; users don’t expect Facebook will terminate them capriciously. Thus, when Facebook blocks users’ content, it can be shocking…

Senate Commerce Committee Approves Consumer Review Freedom Act (Forbes Cross-Post)

Senate Commerce Committee Approves Consumer Review Freedom Act (Forbes Cross-Post)

The Consumer Review Freedom Act (S. 2044) would prevent businesses from contractually restricting their customers from writing online reviews (I call those “anti-review clauses,” but they are also called “gag clauses” and “non-disparagement clauses”). It seems ridiculous that we need…

Another Court Says It's OK To Link To Defamatory Content--Slozer v. Slattery

Another Court Says It’s OK To Link To Defamatory Content–Slozer v. Slattery

Another court has ruled that linking to defamatory content isn’t a defamatory republication of the content. I just blogged on a similar result in Life Designs Ranch, Inc. v. Sommer. The only twist here is that the person posted the…

No Liability for Linking to Defamatory Content--Life Designs Ranch v. Sommer

No Liability for Linking to Defamatory Content–Life Designs Ranch v. Sommer

The plaintiffs run Life Designs Ranch, a substance abuse aftercare program that the defendant’s son participated in. Unhappy about billing issues, the defendant Sommers threatened Life Designs that “I am willing to get legal with this. Are you? I would…

How Congress Can Protect Online Consumer Reviews (An Assessment of the Consumer Review Freedom Act) (Forbes Cross-Post)

How Congress Can Protect Online Consumer Reviews (An Assessment of the Consumer Review Freedom Act) (Forbes Cross-Post)

[Note: last Wednesday, I testified on the Consumer Review Freedom Act before the Senate Commerce Committee. My testimony. My complete written submission.] For many Americans, the First Amendment is the alpha and omega of free speech protection. However, the First…

Anti-Employer Chatter On Facebook Protected By NLRA--Triple Play v. NLRB

Anti-Employer Chatter On Facebook Protected By NLRA–Triple Play v. NLRB

We previously blogged about this case, which involved employees who were discharged by Triple Play Sports Bar and Grille (the employer) for their Facebook activity: “NLRB Invalidates Employer’s Blogging Policy And Reverses Firing Based On Facebook Posts“. On appeal, the…