Texas Supreme Court Is Skeptical About Wikipedia as a Dictionary--D Magazine v. Rosenthal

Texas Supreme Court Is Skeptical About Wikipedia as a Dictionary–D Magazine v. Rosenthal

This is an interesting opinion from the Texas Supreme Court on citing Wikipedia as a dictionary. The underlying case involves an article in D Magazine titled “The Park Cities Welfare Queen.” The article purports to show that the plaintiff, Rosenthal,…

How Will Courts Handle A “Poor Man’s Copyright”?

I recently came across a complaint (in Vernon v. CBS) referencing a “poor man’s copyright,” and I couldn’t recall seeing the term in a legal filing or document before. This made me curious about whether any courts had discussed the…

Federal Court Rejects Online Gambling Lawsuit Against Valve--McLeod v. Valve

Federal Court Rejects Online Gambling Lawsuit Against Valve–McLeod v. Valve

This lawsuit alleged that Valve “allowed an illegal online gambling market” based on its videogame Counter Strike Global Offensive (CSGO) and its Steam platform, an online marketplace where players can buy and sell virtual items and make payments. This lawsuit…

Federal Court Authorizes Service of Process via Twitter

Federal Court Authorizes Service of Process via Twitter

Federal courts have long authorized service via email under Rule 4(f) for foreign defendants. The rule says that an individual in a foreign country can be served by (1) internationally agreed upon means such as the Hague Convention; (2) if…

Trade Secret Owner Penalized For ‘Specious’ Misappropriation Lawsuit–BTS v. Exclusive Perspectives

As you know, I’ve expressed many concerns about the new ex parte seizure provisions in the Defend Trade Secrets Act (DTSA). To support the ex parte seizure provision, DTSA proponents sometimes argued that legitimate trade secret owners and their lawyers…

Judge Scolds Litigant For Making Facebook Account "Private" During Litigation--Thurmond v. Bowman

Judge Scolds Litigant For Making Facebook Account “Private” During Litigation–Thurmond v. Bowman

This is a social media evidence ruling. Plaintiff filed a Fair Housing Act lawsuit alleging that a prospective landlord decline to rent an apartment after learning that two of plaintiff’s children would be living with her. The lease denial allegedly…

Evidentiary Failings Undermine Arbitration Clauses in Online Terms

Evidentiary Failings Undermine Arbitration Clauses in Online Terms

Earlier this week, we posted about a Seventh Circuit case where an ambiguous user call-to-action undermined an online contract formation procecss. (See “Defective Call-to-Action Dooms Online Contract Formation–Sgouros v. TransUnion“.) Recently, a couple of trial courts issued rulings denying companies’…

Posting Vacation Photos To Facebook Costs An Employee His Job--Jones v. Accentia (Forbes Cross-Post)

Posting Vacation Photos To Facebook Costs An Employee His Job–Jones v. Accentia (Forbes Cross-Post)

[Note: inexplicably, over at Forbes, this became my most-read blog post ever, with about a quarter-million views–even though it’s a short, breezy and quickly written post that I posted during the dead time of Sunday mid-morning.] Before the Internet, people…

Oculus Faces Messy Ownership Claims Over Its Head Mounted Display--Total Recall v. Luckey

Oculus Faces Messy Ownership Claims Over Its Head Mounted Display–Total Recall v. Luckey

Palmer Luckey, who ultimately developed the much-hyped Oculus Rift, entered into an agreement with a company called “Total Recall”. Although it was not crystal clear, the agreement was technically with Thomas Seidl, one of the partners of Total Recall. The…