Will A 'Cast Of Thousands' Become A 'Cast Of Thousands...Of Plaintiffs'? A Preview of Garcia v. Google (Forbes Cross-Post)

Will A ‘Cast Of Thousands’ Become A ‘Cast Of Thousands…Of Plaintiffs’? A Preview of Garcia v. Google (Forbes Cross-Post)

[Note: I wrote the following post on Monday before the oral arguments. I haven’t had a chance to view Monday’s oral arguments, but from the news reports and Twitter feeds, it sounds like Kozinski and McKeown will be squaring off….

eBay Isn't Liable for Selling Recalled Merchandise--Hinton v. Amazon

eBay Isn’t Liable for Selling Recalled Merchandise–Hinton v. Amazon

Due to Section 230, eBay generally isn’t liable when its merchants sell problematic goods. I believe the earliest ruling establishing this proposition is Stoner v. eBay, a 2000 case over bootleg recordings. More recently, in 2011, a court held that…

Legal Blog Faces Defamation Liability for Mischaracterizing Prior Legal Proceedings--Huon v. Above the Law

Legal Blog Faces Defamation Liability for Mischaracterizing Prior Legal Proceedings–Huon v. Above the Law

Plaintiff, a lawyer, was charged with assault in 2008 and charged in 2009 for cyberstalking and witness harassment (based on one of his blog posts?) involving the same alleged victim. He was acquitted of both charges. His charges and trial…

Section 230 Precludes Injunctive Relief Against Message Boards--Medytox v. InvestorsHub

Section 230 Precludes Injunctive Relief Against Message Boards–Medytox v. InvestorsHub

We’re celebrating #ThrowbackThursday today at the Technology & Marketing Law Blog! InvestorsHub runs message boards on financial topics. A user, Hawley, posted several messages on InvestorsHub about Medytox and its principals. Medytox and the principals sued Hawley for defamation and…

Lawsuit Over User-Posted Celebrity Photos Survives Dismissal--BWP v. Hollywood Fan Sites

Lawsuit Over User-Posted Celebrity Photos Survives Dismissal–BWP v. Hollywood Fan Sites

The plaintiffs own copyrights in celebrity photos. The defendants run the Hollywood.com “fan site network” with 1,500+ websites dedicated to celebrities, TV shows, etc. The complaint alleges that the entire fan site network is predicated on republishing stolen photos, and…

Perfect 10 Loses Copyright Suit Against USENET Service Provider--Perfect 10 v. Giganews

Perfect 10 Loses Copyright Suit Against USENET Service Provider–Perfect 10 v. Giganews

Giganews acts as a USENET service provider. Perfect 10 is the litigious pornographer that has helped define Internet copyright law for the last 15 years. It sued Giganews because Perfect 10’s copyrighted images are distributed on USENET. After over three…

PissedConsumer Defeats Preliminary Injunction--Roca v. Consumer Opinion Corp.

PissedConsumer Defeats Preliminary Injunction–Roca v. Consumer Opinion Corp.

Roca makes and sells dietary supplements. They’ve made a series of legally dubious choices, but I think their problems start with their desire to suppress negative consumer reviews. The court describes that: [Roca’s] Purchase Agreement requires customers to agree that,…

LinkedIn Can't Shake Publicity Rights Claims Based on Reminder Emails

LinkedIn Can’t Shake Publicity Rights Claims Based on Reminder Emails

This is a lawsuit against LinkedIn alleging that LinkedIn wrongly sent out repeated invites to users’ contacts. In an initial ruling, Judge Koh denied LinkedIn’s request to dismiss on the grounds of standing but dismissed the federal claims for alleged violations of…

Are Parents Liable For Their Children's Online Pranks?--Boston v. Athearn

Are Parents Liable For Their Children’s Online Pranks?–Boston v. Athearn

Dustin Athearn, who was 13, decided to “have some fun” at a “friend’s” expense. He did what any modern teenager does to poke fun at someone: he created a fake Facebook page in their name. Along with a friend Melissa,…

Q3 2014 Quick Links, Part 1 (RTBF, Reviews, IP & More)

Q3 2014 Quick Links, Part 1 (RTBF, Reviews, IP & More)

Right to Be Forgotten * U.S. Attitudes Toward the ‘Right to Be Forgotten’: 1. Sixty-one percent of Americans believe some version of the right to be forgotten is necessary. 2. Thirty-nine percent want a European-style blanket right to be forgotten,…