It Takes a Default Judgment to Win a 17 USC 512(f) Case--Automattic v. Steiner

It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Steiner

In enacting the DMCA’s notice-and-takedown system, Congress knew copyright owners and others might send takedown notices overzealously. To discourage abuses of the notice-and-takedown system, Congress enacted 17 USC 512(f) to create a new cause of action for sending bogus takedown…

Catching Up on Section 230 Cases From the Past 18 Months

Catching Up on Section 230 Cases From the Past 18 Months

I try to blog every Section 230 case I see. However, over the past year and a half, I’ve collected a few Section 230 cases that I had hoped to blog but that fell through the cracks for one reason…

Google Isn't Liable For Including Unlicensed Locksmiths in Directories--Baldino's Lock v. Google

Google Isn’t Liable For Including Unlicensed Locksmiths in Directories–Baldino’s Lock v. Google

Some states, including Virginia, require locksmiths to obtain state-issued licenses. Baldino’s Lock & Key, a licensed locksmith, is unhappy about being on the same search results pages as unlicensed locksmiths. It sued Google and various business directory providers for commingling…

Top 10 Internet Law Developments of 2014 (Forbes Cross-Post)

Top 10 Internet Law Developments of 2014 (Forbes Cross-Post)

It’s time for my annual recap of the top Internet Law developments of the year. #10: Copyright Fair Use Tilts To Defense. Larry Lessig has famously said that “fair use in America simply means the right to hire a lawyer…

Are Takedowns in 48 Hours "Expeditious" Enough?--Square Ring v. UStream

Are Takedowns in 48 Hours “Expeditious” Enough?–Square Ring v. UStream

This case involves the March 21, 2009 boxing match between Roy Jones Jr. and Omar Sheika, broadcast as a pay-per-view. (Spoiler alert: Jones won a TKO in the 5th round). Anticipating users would live-stream the fight, promoter Square Ring contacted…

Criminal Harassment Charges Survive First Amendment Challenge, Even Without The Threat of Personal Injury

Criminal Harassment Charges Survive First Amendment Challenge, Even Without The Threat of Personal Injury

This is a criminal harassment case. As recounted by the court, the Johnsons lived on the same street as the victims, the Lyonses. The Johnsons acquired some land adjacent to the Lyonses and sought to develop it, but ended up…

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…