Facebook Isn't Liable For Fake User Account Containing Non-Consensual Pornography--Caraccioli v. Facebook (Forbes Cross-Post)

Facebook Isn’t Liable For Fake User Account Containing Non-Consensual Pornography–Caraccioli v. Facebook (Forbes Cross-Post)

Franco Caraccioli is a third-year law student in San Diego. For reasons not explained in the opinion, someone created a fake Facebook account named “Franco Caracciolijerkingman” and posted photos and videos of Caraccioli “sexually arousing or pleasuring himself.” (All facts…

PGA Can Turn Caddies Into 'Human Billboards'--Hicks v. PGA Tour

PGA Can Turn Caddies Into ‘Human Billboards’–Hicks v. PGA Tour

As I’ve written before, marketers are in a never-ending quest to find and exploit new ways to capture consumer attention. With the rise of DVR ad-avoidance technologies, marketers keep finding more unskippable broadcast TV ad exposures like product placements. And…

Google Defeats Lawsuit Over Duplicate Content Penalty--D'Agostino v. Appliances Buy Phone

Google Defeats Lawsuit Over Duplicate Content Penalty–D’Agostino v. Appliances Buy Phone

D’Agostino provided web development services to the Appliances Buy Phone (ABP) website. He wanted to sharpen his SEO skills, so he agreed in 2009 with the ABP owners to create a mirror version of ABP, called Appliances4Sale (AFS) as a…

Using Scraper to Harvest Records Isn't Fraudulent Access Under CFAA--Fidlar v. LPS

Using Scraper to Harvest Records Isn’t Fraudulent Access Under CFAA–Fidlar v. LPS

Fidlar works with counties to digitize and index land records. It also makes available a software client (Laredo) that allows end users to access these records. Billing is handled by the counties, and counties have monthly access plans. The counties…

Telephony Provider Didn't Properly Form a "Telephone-Wrap" Contract--James v. Global Tel*Link

Telephony Provider Didn’t Properly Form a “Telephone-Wrap” Contract–James v. Global Tel*Link

Plaintiffs filed a putative class over fees paid for calls made by inmates in New Jersey correctional institutions. At issue is whether they should be required to arbitrate their claims. Defendant, GTL, has the exclusive right to provide phone services…

Ninth Circuit Resolves Two of the Facebook Sponsored Stories Lawsuits

Ninth Circuit Resolves Two of the Facebook Sponsored Stories Lawsuits

The litigation over Facebook’s sponsored stories occurred what seems like eons ago. Recently, the last of it wrapped up (although the latest ruling is the subject of a petition for rehearing en banc). It generated lots of blog fodder, and…

Google Can Derive Undisclosed Economic Benefits From CAPTCHAs--Rojas-Lozano v. Google

Google Can Derive Undisclosed Economic Benefits From CAPTCHAs–Rojas-Lozano v. Google

This lawsuit alleges that Google benefits unfairly from consumers’ responses to Google’s CAPTCHA. Plaintiff, a Massachusetts resident, responded to a two word CAPTCHA prompt when signing up for a Gmail accout. She alleged that only one of the two words…

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…

2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce)

2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce)

Marketing/Advertising * Jezebel: The Big Bad World of Products Celebrities Promote on Instagram. Related blog post. * NY Times: Cool Influencers With Big Followings Get Picky About Their Endorsements * NY Times: Since signing with Brooks on Jan. 1, 2014,…

Big Fish's Virtual Casino Doesn't Violate Washington's Gambling Statute

Big Fish’s Virtual Casino Doesn’t Violate Washington’s Gambling Statute

Eric and Angie blogged about the Machine Zone slot machine ruling from Maryland. This is a similar lawsuit brought against Big Fish, alleging that Big Fish’s virtual casino violates Washington’s anti-gambling statute. (Here’s a Recorder article covering these and other…