Search Engine Snippets Protected By Section 230--O'Kroley v. Fastcase

Search Engine Snippets Protected By Section 230–O’Kroley v. Fastcase

The plaintiff’s vanity Google search results included the following snippet: “indecency with a child in Trial Court Cause N . . . Colin O’Kroley v Pringle.” The linked result (to Google Book’s indexing of Texas Advance Sheet–see image) contained a…

Message Board Operator May Be Liable For Moderator’s Content–Enigma v. Bleeping

It’s been a brutal year for Section 230 jurisprudence, and the hits keep coming. In today’s case, the parties ran into a judge who seemed unshakably determined–for reasons I can’t determine–to deny the motion to dismiss. This produces an outlier…

Sideloading Service Defeats Copyright Infringement Claims–BWP v. Polyvore

BWP Media is a celebrity photo agency and a repeat online copyright plaintiff. Polyvore is…well, I don’t really get what they do. They say the site “is a new way to discover and shop for things you love in fashion,…

Twitter May Be Liable for Sending Texts to Recycled Cellphone Numbers--Nunes v. Twitter

Twitter May Be Liable for Sending Texts to Recycled Cellphone Numbers–Nunes v. Twitter

This is a TCPA lawsuit against Twitter. The claims are based on text messages sent to phone numbers where the subscriber was a Twitter user and signed up to receive text updates but later the phone number got recycled to…

Yelp Isn't Liable For User-Submitted Photos Of Businesses--Albert v. Yelp

Yelp Isn’t Liable For User-Submitted Photos Of Businesses–Albert v. Yelp

The last time I blogged about a lawyer who sued Yelp for defamation, I spilled 3,000 words (and shed many tears). Fortunately for my mental health and your reading queue, I’m pleased to report that today’s case has better–and more…

Section 230 Protects YouTube’s Removal of User’s Videos–Lancaster v. Alphabet

This is one of those pro se cases where the court isn’t sure what the plaintiff is complaining about, so I apologize if my parsing is garbled as well. The court expends the most energy on the plaintiff’s allegation that…

Vimeo’s Second Circuit DMCA Safe Harbor Win Over Capitol Records

This is an important DMCA safe harbor opinion. It’s from the Second Circuit, an influential court, and it extends the Second Circuit’s 2012 key Viacom v. YouTube ruling in important ways. Still, the DMCA safe harbors remain defectively designed, and…

Q2 2016 Quick Links, Part 3 (Defamation, Online Reviews, Section 230)

Defamation * Pritchard v. Van Nes, 2016 BCSC 686 (April 20, 2016): Ms. Van Nes was responsible for the defamatory comments of her [Facebook] “friends”. When the posts were printed off, on the afternoon of June 10th, her various replies…

A Dozen Organizations File Comments Opposing Copyright Office’s Plan to Undermine Section 512

I recently posted about the Copyright Office’s proposed new prices for designating 17 USC 512 agents for notice. While the proposed price reduction sounded good, the announcement obscured the real news: the Copyright Office still wants to nix valid designations…

Review Website Gets Hammered In Court–Consumer Cellular v. ConsumerAffairs

This is not a good opinion for the review website industry. However, the court’s harshest treatment turns on the idiosyncratic practices of ConsumerAffairs.com, which set a key Fourth Circuit Section 230 precedent in 2009 but whose current business practices probably…