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,…

A Seismic Ruling On Pre-1972 Sound Recordings and State Copyright Law--Flo & Eddie v. Sirius XM Radio (Guest Blog Post)

A Seismic Ruling On Pre-1972 Sound Recordings and State Copyright Law–Flo & Eddie v. Sirius XM Radio (Guest Blog Post)

By Tyler Ochoa [Eric’s intro: in Tyler’s cover email to me, he told me the ruling was “huge, as in 1906-San-Francisco-earthquake huge.  It literally could result in undoing 75 years of copyright history.”] A federal court in California has held…

LiveJournal Wins 512(c) Safe Harbor Ruling For Celebrity Gossip Blog--Mavrix v. LiveJournal

LiveJournal Wins 512(c) Safe Harbor Ruling For Celebrity Gossip Blog–Mavrix v. LiveJournal

This case involves a LiveJournal blog called “Oh No They Didn’t!” (ONTD) that republishes reader submissions about celebrity gossip. There are nine moderators of the blog, including one–Brian Delzer–who became a LiveJournal employee. Unsurprisingly given the blog’s subject, readers submitted…

9th Circuit Creates Problematic "Failure To Warn" Exception to Section 230 Immunity--Doe 14 v. Internet Brands

9th Circuit Creates Problematic “Failure To Warn” Exception to Section 230 Immunity–Doe 14 v. Internet Brands

Doe sued Internet Brands, Inc., the owner of Model Mayhem, alleging that two unrelated individuals drugged and assaulted her (and recorded her for a pornographic video). It’s unclear precisely how the assailants used Model Mayhem, but the court merely says…

Ninth Circuit Says Yelp Doesn't Extort Businesses--Levitt v. Yelp (Forbes Cross-Post)

Ninth Circuit Says Yelp Doesn’t Extort Businesses–Levitt v. Yelp (Forbes Cross-Post)

For years, Yelp has been dogged by allegations that it manipulates user reviews to coerce businesses to advertise with it. While businesses aren’t likely to stop grumbling about these concerns any time soon, a federal appellate court emphatically shut the…

Internet Law Professors Ask California Supreme Court To Review Pharmaceutical Liability Case

Internet Law Professors Ask California Supreme Court To Review Pharmaceutical Liability Case

Hardin v. PDX is a quirky case that flew under the radar a bit. The case was brought by Hardin, a victim injured by bad drug interactions. She claims that she would have avoided the interaction if she had been…

Blogspot Gets Section 230 Win In 11th Circuit--Dowbenko v. Google

Blogspot Gets Section 230 Win In 11th Circuit–Dowbenko v. Google

Another Section 230 case with a pro se plaintiff. Dowbenko claimed that that the “Encyclopedia of American Loons” website, located at http://americanloons.blogspot.com, contained a copyrighted photo of him and defamed him. The court says: Mr. Dowbenko’s defamation claim is preempted…

Section 230 Applies to Amazon Book Reviews--Joseph v. Amazon

Section 230 Applies to Amazon Book Reviews–Joseph v. Amazon

As I’ve recently mentioned, many recent Section 230 rulings involve pro se plaintiffs because most lawyers have wizened up to Section 230’s immunity. In this case, Dr. Joseph, a pro se plaintiff, brings a long list of gripes about Amazon…