Court Might Enforce A Contract Ban On Consumer Reviews (Forbes Cross-Post)

Court Might Enforce A Contract Ban On Consumer Reviews (Forbes Cross-Post)

Claude and Violaine Galland own an apartment in Paris, France. They offer it for rental through VRBO, an online service for vacation rentals. The Gallands’ rental agreement include the following language: “The tenants agree not to use blogs or websites…

Scribd Must Comply With The Americans With Disabilities Act (Forbes Cross-Post)

Scribd Must Comply With The Americans With Disabilities Act (Forbes Cross-Post)

The Americans With Disabilities Act (ADA) is an important civil rights law intended to ensure that people with physical disabilities can enjoy the same social and economic interactions as everyone else. The law had ambitious visions about social equality, but…

QVC Can't Stop Web Scraping--QVC v. Resultly (Forbes Cross-Post)

QVC Can’t Stop Web Scraping–QVC v. Resultly (Forbes Cross-Post)

“Web scraping,” also called crawling or spidering, is the automated gathering of data from someone else’s website. Scraping is an essential part of how the Internet functions. For example, Google uses web scraping to build its search database worth hundreds…

In IMDb Privacy Case, 9th Circuit Rejects Hoang’s Appeal

In IMDb Privacy Case, 9th Circuit Rejects Hoang’s Appeal

Hoang alleged that IMDb improperly used her personal information to find out her real age and published her real age on its website. She argued that this harmed her employment prospects in the industry. The jury ruled for IMDb. Hoang…

Court Says Uber and Lyft Drivers May be Employees

Court Says Uber and Lyft Drivers May be Employees

Drivers for Uber and Lyft claimed they are employees, not independent contractors. Two different judges hearing these cases both held that factual questions preclude summary judgment in favor of Uber and Lyft. As Judge Chhabria, who is hearing the Lyft…

The "Browsewrap"/"Clickwrap" Distinction Is Falling Apart

The “Browsewrap”/”Clickwrap” Distinction Is Falling Apart

It is somewhat surprising that, in 2015, courts are still hashing out online consumer contract formation issues. After all, the seminal case, Specht v. Netscape, was decided over a dozen years ago. Yet, a few recent cases show that companies often don’t…

Hoang v. IMDb Argued in the Ninth Circuit

Hoang v. IMDb Argued in the Ninth Circuit

Hoang vs. IMDb, a case we’ve covered closely on the blog, had oral arguments before the Ninth Circuit panel last Friday. The appeal focused on several procedural issues, such as: whether the district court improperly placed the burden on Hoang to…

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…

Lawsuit Fails Over Ridesharing Service's Disclosures To Its Analytics Service--Garcia v. Zimride

Lawsuit Fails Over Ridesharing Service’s Disclosures To Its Analytics Service–Garcia v. Zimride

Plaintiff sued Lyft (and others) over privacy violations based on the allegedly improper disclosure of user information by the Zimride service. He alleged that he used the Zimride service, once owned by Lyft and now owned by Enterprise Holdings, and his…

Court Rejects VPPA Claim Against Viacom and Google Based on Failure to Disclose Identity

I blogged before about the privacy lawsuit against Viacom and Google over the disclosure of the viewing habits of minors. The court previously rejected the claims on the basis that the disclosure of user attributes (such as demographic information, unique…