LinkedIn Enjoined From Blocking Scraper--hiQ v. LinkedIn

LinkedIn Enjoined From Blocking Scraper–hiQ v. LinkedIn

hiQ Labs has scraped LinkedIn public profiles for several years. hiQ offers two products, entirely predicated on LinkedIn-scraped data: (1) a prediction to employers which employees were mostly likely to be recruited away, and (2) a summary of employee skills….

'Blatant Sales Pitch' on LinkedIn Likely Violates Non-solicitation Clause--Mobile Mini v. Vevea

‘Blatant Sales Pitch’ on LinkedIn Likely Violates Non-solicitation Clause–Mobile Mini v. Vevea

This is a noncompete dispute. Defendant Vevea worked for Mobile Mini. She signed an agreement with Mobile Mini restricting her post-employment activities. Specifically, she agreed: not to work in the Portable Storage Business at a location within fifty miles of…

Courts Keep Shredding Online Contract Formation Processes--McGhee v. NAB; Applebaum v. Lyft

Courts Keep Shredding Online Contract Formation Processes–McGhee v. NAB; Applebaum v. Lyft

A couple more online contract formation cases to enliven your Saturday: McGhee v. NAB This case involves mobile credit card processing services. The plaintiffs are merchants who think they were overcharged for card readers. The vendor invoked the arbitration clause…

1H 2017 Quick Links, Part 5 (Advertising, Contracts)

Advertising * David A. Hyman et al, Going Native: Can Consumers Recognize Native Advertising? Does It Matter?, 19 Yale J.L. & Tech. 77 (2017): “We tested sixteen examples of native advertising. For fifteen of the sixteen examples, fewer than 50% of…

Facebook Persistent Tracking Lawsuit Crashes Again

Facebook Persistent Tracking Lawsuit Crashes Again

This is a lawsuit based on Facebook’s tracking of users while they are logged out. The code for a “like” button implemented by third parties apparently causes the browser of a consumer visiting the third party page to send a…

Facebook Isn’t Liable for Fake User Account–Caraccioli v. Facebook

I blogged about this case last year. (This case is also indexed in our compendium of nonconsensual pornography cases). In my prior post, I described the facts: Franco Caraccioli is a third-year law student in San Diego. For reasons not…

Your Movements Shall Be Traced: The New EU Regulation on Cross-Border Portability (Guest Blog Post)

by guest blogger Marketa Trimble On May 18, 2017, the European Parliament adopted with amendments the EU Cross-Border Portability Regulation (Regulation (EU) of the European Parliament and of the Council on cross-border portability of online content services in the internal market)….

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…