Q2 2014 Quick Links, Part 3 (Privacy, Marketing, E-Commerce & More)

Q2 2014 Quick Links, Part 3 (Privacy, Marketing, E-Commerce & More)

Privacy * Snapchat’s basic value proposition (“Disappearing digital photos”) has been deceptive from the beginning. The FTC busted them for it. (I saw James Grimmelmann added this to his Internet Law casebook. We’ve also added it to our Advertising Law…

23andMe's Browsewrap Fails, But Its Post-Purchase Clickthrough Works Anyway--Tompkins v. 23andMe

23andMe’s Browsewrap Fails, But Its Post-Purchase Clickthrough Works Anyway–Tompkins v. 23andMe

You may recall 23andMe’s legal troubles last Fall, when the FDA launched a big smackdown over selling genetic tests. In the wake of the FDA takedown, the class action lawyers moved in for their cash grab. 23andMe defended with an…

Apple May Be Liable For Privacy Violations by Third Party Developed Apps

Apple May Be Liable For Privacy Violations by Third Party Developed Apps

There are so many privacy lawsuits around the iOS ecosystem that it’s tough to keep track of them all. This particular (consolidated) lawsuit involves privacy claims against Apple and also against various apps, including Angry Birds, Cut the Rope, Facebook,…

Privacy Claims Based on LinkedIn’s Security Promises Survive Motion to Dismiss

Privacy Claims Based on LinkedIn’s Security Promises Survive Motion to Dismiss

This is a lawsuit filed in the wake of a widely reported data breach at LinkedIn. Plaintiffs alleged benefit-of-the-bargain type claims against LinkedIn, saying LinkedIn failed to live up to its security practices. The first time around, the court rejected…

Keyword Advertising Doesn't Create General Jurisdiction--Rocke v. Pebble Beach

Keyword Advertising Doesn’t Create General Jurisdiction–Rocke v. Pebble Beach

I know, Internet jurisdiction cases are typically blah, but this was more interesting than most. Still, I’ll keep this post brief. The Rockes visited the well-known Pebble Beach Resorts in California. Mrs. Rocke suffered a slip-and-fall there but sued the…

Court Rules That Kids Can Be Bound By Facebook's Member Agreement

Court Rules That Kids Can Be Bound By Facebook’s Member Agreement

The status of kids’ ability to form contracts via online terms of service was somewhat uncertain over the last several years, with a few Facebook-related rulings raising questions. A group of minor plaintiffs who opted out of the Fraley v. Facebook…

Ninth Circuit Rejects Plaintiffs' Bad Misreadings of eBay's User Agreement--Block v. eBay

Ninth Circuit Rejects Plaintiffs’ Bad Misreadings of eBay’s User Agreement–Block v. eBay

Even after all of these years, I remain amazed by the bizarre contract misinterpretations that plaintiffs’ lawyers are capable of. Today’s case targeted the eBay user agreement, a document of special interest to me given my contributions to the agreement…

IP Battle Between Jumpy House Manufacturers Isn't Bounced - WhatRU Holding v. Bouncing Angels

IP Battle Between Jumpy House Manufacturers Isn’t Bounced – WhatRU Holding v. Bouncing Angels

At any moment, a product manufacturer can find itself trapped in a tangled nightmare of IP infringement claims. In WhatRU Holding, LLC v. Bouncing Angels, Inc., a district court in Minnesota found personal jurisdiction over a defendant company that sold…

Android and Pandora Privacy Rulings Accept Low Hurdle for Standing

Android and Pandora Privacy Rulings Accept Low Hurdle for Standing

A pair of rulings from Judge White in lawsuits involving the privacy practices of Android and Pandora employ a loose standard for standing and allowed plaintiffs in both cases to press forward with their claims. In re Google Android Consumer…

Court Blesses Instagram's Right to Unilaterally Amend Its User Agreement--Rodriguez v. Instagram

Court Blesses Instagram’s Right to Unilaterally Amend Its User Agreement–Rodriguez v. Instagram

Instagram revised its terms of service in December 2012. The revisions (1) stated that Instagram was disclaiming “ownership of content” posted by users, as opposed to disclaiming “any ownership rights in content” posted by users; (2) broadened the scope of…