Can YouTube 'Remove And Relocate' User Videos Capriciously?--Darnaa v. Google (Forbes Cross-Post)

Can YouTube ‘Remove And Relocate’ User Videos Capriciously?–Darnaa v. Google (Forbes Cross-Post)

Most of us uploading YouTube videos aren’t deeply invested in their continued availability. If YouTube removed our videos or relocated them to a different URL, we might be puzzled why but otherwise would probably shrug our shoulders. However, YouTube is…

Senate Commerce Committee Approves Consumer Review Freedom Act (Forbes Cross-Post)

Senate Commerce Committee Approves Consumer Review Freedom Act (Forbes Cross-Post)

The Consumer Review Freedom Act (S. 2044) would prevent businesses from contractually restricting their customers from writing online reviews (I call those “anti-review clauses,” but they are also called “gag clauses” and “non-disparagement clauses”). It seems ridiculous that we need…

You Can't Buy A Copyright Just To Bury It--Katz v. Chevaldina (Forbes Cross-Post)

You Can’t Buy A Copyright Just To Bury It–Katz v. Chevaldina (Forbes Cross-Post)

In the United States, copyright law principally serves as an economic policy by protecting creators’ ability to recoup the investments they make in generating new works that have value to society. As a result, copyright law gets weird when it’s…

Google Books Defeats Copyright Lawsuit Using 512(c)--Avdeef v. Google

Google Books Defeats Copyright Lawsuit Using 512(c)–Avdeef v. Google

The wheels of justice move slowly. To wit, the main Authors Guild vs. Google Books litigation has been percolating in the courts for almost a decade (September 20 is the 10 year anniversary–how do you plan to celebrate?!). Despite the…

Gmail Terms of Service Apply to reCAPTCHA During Account Formation--Rojas-Lozano v. Google

Gmail Terms of Service Apply to reCAPTCHA During Account Formation–Rojas-Lozano v. Google

This lawsuit against Google alleges that Google unfairly benefits from deploying a CAPTCHA process when users sign up for free gmail accounts. Specifically, the complaint alleged that Google unnecessarily included a second image in the CAPTCHA, and it relies on users…

Jawbone Plaintiff Can Invoke California Choice of Law Provision in Service Agreement

Jawbone Plaintiff Can Invoke California Choice of Law Provision in Service Agreement

This is a lawsuit against Jawbone, a fitness tracker app, alleging that Jawbone’s battery life was significantly shorter than promised, and that it failed to accurately track and measure movement, calorie expenditure, and sleep: [plaintiff] appeared inactive when he had…

Second Circuit Enforces Terms Hyperlinked In Confirmation Email--Starkey v. G Adventures

Second Circuit Enforces Terms Hyperlinked In Confirmation Email–Starkey v. G Adventures

Plaintiff Starkey booked a trip online through G Adventures. She alleges a G Adventures employee assaulted her during the trip. She sued G Adventures in the Southern District of New York. That court dismissed her lawsuit based on a forum…

AARP Defeats Lawsuit for Sharing Information With Facebook and Adobe

AARP Defeats Lawsuit for Sharing Information With Facebook and Adobe

Plaintiff sued AARP alleging that AARP violated its privacy policy (link to policy effective April 2015) by allowing Adobe and Facebook to collect PII about plaintiff. The court says there’s not a sufficient allegation of violation of AARP’s privacy policy…

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…