The Pros and (Scary) Cons of the New EU Trade Secret Directive, Part 2 (Guest Blog Post)

By Guest Blogger Sharon K. Sandeen Part One of this post gave an overview of the new EU Trade Secret Directive (the “TS Directive”) that will be effective shortly (on the twentieth day after it is published in the Official…

512 Safe Harbor Applies to Content Submitted By Independent Contractors--BWP v. Examiner

512 Safe Harbor Applies to Content Submitted By Independent Contractors–BWP v. Examiner

BWP owns the rights to various celebrity photos. Examiner.com is a “entertainment, news and lifestyle network” that relies on content submitted by independent contractors confusingly called “examiners.” The Examiner’s written agreement specifies that “the examiners” are contractors, not employees. The…

Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)

Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)

Surveillance * The whole Apple v. DOJ fracas was insane! NY Times: In Nod to Law Enforcement, Obama Ends Attempt to Straddle Privacy Divide. Vice: Obama’s Call for Encryption ‘Compromise’ Is Hypocritical. NY Times: For Apple, a Search for a…

Sketchy Suit Between Native Advertising Competitors Produces Sketchy Section 230 Ruling--Adblade v. RevContent

Sketchy Suit Between Native Advertising Competitors Produces Sketchy Section 230 Ruling–Adblade v. RevContent

This case is filled with sketchiness. First, the litigants compete in the “native advertising industry,” which doesn’t have a great reputation (and this lawsuit isn’t likely to improve it). Second, the ads in question promote wrinkle creams, diet pills and…

Alleged "Conspiracy" Among Disgruntled Ex-Employees Defeats Section 230--Tanisha v. Chandra

Alleged “Conspiracy” Among Disgruntled Ex-Employees Defeats Section 230–Tanisha v. Chandra

[Note: as I’ve mentioned before, sometimes Westlaw randomly spits out cases months after they were issued. This opinion is 4 months old but just appeared in my Westlaw alerts this week. Despite its age, I’m blogging it because of its…

Amazon Defeats Publicity Rights Lawsuit Over 'A Gronking To Remember' Book Cover (Forbes Cross-Post)

Amazon Defeats Publicity Rights Lawsuit Over ‘A Gronking To Remember’ Book Cover (Forbes Cross-Post)

Greg McKenna writes as a woman using the pen name Lacey Noonan. In 2014, McKenna wrote the book “A Gronking to Remember,” an erotic “fan fiction” book about New England Patriots tight end Rob Gronkowski. He self-published the book digitally…

Big Win For Free Speech Online In Backpage Lawsuit (Forbes Cross-Post)

Big Win For Free Speech Online In Backpage Lawsuit (Forbes Cross-Post)

Regulators and plaintiffs have been trying to eradicate online prostitution ads for a decade. These efforts have been partially hampered by 47 U.S.C. 230 (Section 230), a law Congress enacted in 1996 to protect websites from liability for third party…

Facebook Isn't Liable For Fake User Account Containing Non-Consensual Pornography--Caraccioli v. Facebook (Forbes Cross-Post)

Facebook Isn’t Liable For Fake User Account Containing Non-Consensual Pornography–Caraccioli v. Facebook (Forbes Cross-Post)

Franco Caraccioli is a third-year law student in San Diego. For reasons not explained in the opinion, someone created a fake Facebook account named “Franco Caracciolijerkingman” and posted photos and videos of Caraccioli “sexually arousing or pleasuring himself.” (All facts…

Section 230 Doesn't Protect Summaries of Third Party Remarks--Diamond Ranch Academy v. Filer

Section 230 Doesn’t Protect Summaries of Third Party Remarks–Diamond Ranch Academy v. Filer

Diamond Ranch Academy runs a “residential youth treatment facility” in Utah. Chelsea Filer (nee Chelsea Papciak) runs a website, DRASurvivors.com, critical of Diamond Ranch Academy. Diamond Ranch Academy sued her for defamation and tortious interference in Utah. For reasons not…

Surveying Ten Years Of Top Internet Law Developments (Forbes Cross-Post)

Surveying Ten Years Of Top Internet Law Developments (Forbes Cross-Post)

I’ve been writing an annual list of top Internet Law developments for a decade, so I thought it might be fun to look back at my #1 ranked development in each of the past 10 years. Let’s take a stroll…