How a Chipmunk Emoji Cost an Israeli Texter $2,200

How a Chipmunk Emoji Cost an Israeli Texter $2,200

by Gabriella Ziccarelli and Eric Goldman [Eric’s introduction: Gabriella is a star SCU Law alum and an associate at Blank Rome in DC. She is also a former Internet Law student of mine. As a teacher, it’s gratifying to have a former student…

New Draft Paper on Emojis and the Law

New Draft Paper on Emojis and the Law

I have posted a draft article, entitled Surveying the Law of Emojis, to SSRN. I will be posting excerpts from the article here over the next few weeks. I would gratefully appreciate your comments on the draft. I am also…

Catching Up On Some Recent Click Fraud Rulings

After all of the excitement over click fraud a decade ago, we don’t often see click fraud cases any more. However, just in the past couple months I’ve seen 3 rulings that I wanted to share with you. Wickfire, LLC…

Faulty Mobile Device User Interface Jeopardizes Uber’s Contract Formation--Metter v. Uber

Faulty Mobile Device User Interface Jeopardizes Uber’s Contract Formation–Metter v. Uber

This is a lawsuit against Uber alleging that it improperly assessed a cancellation fee without advising the rider in advance. Uber sought to compel arbitration. The court declines. The arbitration clause is contained in Uber’s terms of service, and the…

FTC Explains Why It Thinks 1-800 Contacts' Keyword Ad Settlements Were Anti-Competitive--FTC v. 1-800 Contacts

FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. 1-800 Contacts

As you may recall, the FTC is pursuing 1-800 Contacts for antitrust violations based on 1-800 Contacts having sued and then settled with competitors who bought keyword ads on 1-800 Contacts’ trademarks. Recently, the FTC filed its “Complaint Counsel’s Corrected…

E-SIGN and EFTA Permit Telephonic Consent to Automatic Debits with Mailed Confirmation–Blatt v. Capital One (Guest Blog Post)

[By guest blogger John Ottaviani. John is an attorney with the Rhode Island and Massachusetts-based law firm Partridge Snow & Hahn LLP. His practice focuses on transactions, contracts, and intellectual property protection for businesses of all sizes. He is also a member of the…

Retailer's TOS Fails, But New Jersey Warranty Notice Claim Loses Anyway

Retailer’s TOS Fails, But New Jersey Warranty Notice Claim Loses Anyway

Plaintiff alleges that she purchased a cosmetic product from Lush Internet. While she did not allege anything was wrong with the product and does not appear to have any other qualms with the transaction itself, she alleged that Lush’s terms…

Appeals Court Affirms Rejection of Gambling Claims Against Machine Zone

Appeals Court Affirms Rejection of Gambling Claims Against Machine Zone

This is a lawsuit against Machine Zone relating to the “Game of War” in-app game of chance mechanics. Players download GoW—an online strategy game—for free. However, they can purchase virtual gold at prices ranging from 4.99 to 99.999. They can…

New Essay: Understanding the Consumer Review Fairness Act of 2016

I’ve posted a new essay, Understanding the Consumer Review Fairness Act of 2016, to SSRN. It will be published later this year in the Michigan Telecommunications and Technology Law Review (MTTLR). I trust most of you already know about the…

Copyshop Covered By “Non-Commercial” Creative Commons License–Great Minds v. FedEx

Great Minds developed a math curriculum called Eureka Math. It commercializes the Eureka Math materials itself but also released the materials pursuant to a Creative Commons Attribution-NonCommercial-Sharealike (CC BY-NC-SA) 4.0 license. Great Minds discovered at least two circumstances where school…