If You're Going To Incorporate Online T&Cs Into a Printed Contract, Do It Right--Holdbrook v. PCS

If You’re Going To Incorporate Online T&Cs Into a Printed Contract, Do It Right–Holdbrook v. PCS

The plaintiff runs a pediatric dentistry. It retained defendant PCS to provide cloud services. The dentistry alleges that PCS subsequently locked it out of the cloud services improperly. The dentistry sued PCS for the lockout, and PCS sought to arbitrate…

Clickthrough Agreement Upheld--Whitt v. Prosper

Clickthrough Agreement Upheld–Whitt v. Prosper

I’m way behind in blogging clickthrough agreement cases, but I’m prioritizing this opinion because of its simplicity. Whitt, who is deaf, sought a loan via a “peer-to-peer lending service” called Prosper. To confirm his identity, Whitt needed to make a…

Section 230(c)(2) Gets No Luv From the Courts--Song Fi v. Google

Section 230(c)(2) Gets No Luv From the Courts–Song Fi v. Google

This is one of several pending cases where a video poster sues YouTube for allegedly wrongful takedown of the video. I find these cases fascinating because I always wonder how there’s enough money at issue to justify litigation. Unfortunately, I…

California’s Resale Royalty Statute Violates the Dormant Commerce Clause—In Part (Guest Blog Post)

California’s Resale Royalty Statute Violates the Dormant Commerce Clause—In Part (Guest Blog Post)

By guest blogger Tyler Ochoa On Tuesday, May 5, an eleven-judge en banc panel of the Ninth Circuit held that California’s Resale Royalty Statute, Civil Code § 986, could not Constitutionally be applied to sales of works of art that…

Q4 2014 & Q1 2015 Quick Links Part 4 (Potpourri)

Q4 2014 & Q1 2015 Quick Links Part 4 (Potpourri)

Commerce * NAD tells CheapoAir that it can’t run keyword ads showing the lowest priced flight in its database if it can’t deliver that fare to the consumer. * United Airlines sues 22-year-old who found a method for buying cheaper…

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…

Company's Social Media Accounts Transferred in Bankruptcy

Company’s Social Media Accounts Transferred in Bankruptcy

This case addresses whether social media accounts used in connection with a business become property of the bankruptcy estate. The debtor, known as “Tactical Firearms,” was formed by Jeremy Alcede. Originally it was owned by Alcede and his then-wife, but…

Do Employers Own LinkedIn Groups Created By Employees?--CDM v. Sims

Do Employers Own LinkedIn Groups Created By Employees?–CDM v. Sims

Simms worked for plaintiff CDM Media but switched jobs to work for Box, allegedly one of plaintiff’s larger customers. Plaintiff alleges that Simms violated a non-compete and misappropriated its trade secrets. Among other issues, plaintiff sought control of a “LinkedIn…

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…

Court Rejects Bizarre Attempt To Scrub Consumer Review--Goren v. Ripoff Report

Court Rejects Bizarre Attempt To Scrub Consumer Review–Goren v. Ripoff Report

I previously blogged about this matter (see also Venkat’s update). A Massachusetts attorney, Goren, was unhappy about a user review of his law firm posted to Ripoff Report, which is well-known for not removing user posts. The plaintiffs sued the…