YouTube Defeats Another Remove-and-Relocate Case–Darnaa v. Google

YouTube has been sued a few times for removing a video based on its spam policies and then relocating it to a new URL because remove-and-relocate breaks in-bound links (and any associated marketing investments) and resets the view counter. This…

Copyright Office Q&A Session About The New Online DMCA Designated Agents Directory

By guest blogger Franklin Graves Last week, at the ABA’s Midyear Meeting in Miami, Florida, the Section of Intellectual Property Law’s Computer Program & New Technologies Committee hosted a Q&A event with the U.S. Copyright Office to discuss the new online DMCA Designated…

First Amendment Protects Google’s De-Indexing of “Pure Spam” Websites–e-ventures v. Google

e-ventures does SEO. Google determined that e-ventures “egregiously” violated its webspam guidelines. As a result, Google de-indexed all of e-ventures’ sites. e-ventures claims Google had bad motivations for the de-indexing decisions. The evidence didn’t support this claim: “e-ventures’ own consultant…

Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v. Amazon

Lasoff owns Ingrass, which makes artificial turf. He claims he’s losing business to “cheaper, counterfeit” versions of Ingrass. (The opinion uses the term “counterfeit,” though it probably means knockoffs). He objects to the fact that Amazon runs keyword ads for…

Section 230 Helps Snapchat Defeat Personal Injury Claim Due to ‘Speed Filter’–Maynard v. McGee

Snapchat (a/k/a “Snap,” though I can’t say that name without thinking first of this and this) has a “speed filter,” an app that tracks users’ speed. Complaints emerged online that the filter motivated Snapchat users to drive recklessly. The complaint…

Top 10 Internet Law Developments of 2016

Donald Trump’s election as president pretty much dominated our thoughts about 2016 (though Brexit was pretty significant too). So I decided to break up my annual top 10 list into two separate top 5 lists, one election-related, one not. Top…

Ten Worst Section 230 Rulings of 2016 (Plus the Five Best)

2016 was a tough year in many respects (check out the #Fuck2016 hashtag), including a swarm of adverse Section 230 rulings. Even in paradigms where the immunity still functions reasonably well, such as user comments on message boards or online…

2H 2016 Quick Links, Part 6 (Section 230)

* Smith v. Alphabet Inc., 2016 WL 3660725 (S.D. Ala. May 23, 2016): “plaintiff’s citation to (and discussion of) § 230 of the CDA in no manner advances his arguments against the corporate defendants inasmuch as it is clear that…

2H 2016 Quick Links, Part 4 (Counterfeits and Olympics)

“Counterfeits” * Gucci v. Alibaba, Case 1:15-cv-03784-PKC (SDNY Aug. 4, 2016) (cites omitted): Plaintiffs have failed to plausibly allege that the Merchant Defendants engaged in anything but independent conduct, without coordination and for their own economic self-interest. Indeed, the Merchant…

2H 2016 Quick Links, Part 2 (Copyright & Open Access)

Copyright * Goldstein v. Metropolitan Regional Information Systems, Inc., 2016 WL 4257457 (D. Md. Aug. 11, 2016) Unlike in Costar, Goldstein alleges that the Metro Photograph, on its face, contained a watermark indicating that it was copyrighted, which would support…