Facebook May be On the Hook for Scanning Private Messages for Links
This is a privacy lawsuit against Facebook: Plaintiffs allege that Facebook scans the content of their private messages, and if there is a link to a web page contained in that message, Facebook treats it as a “like” of the…
Bad Idea: Overdisclosing People’s Positive STD Status–Doe v. Successfulmatch
This is a privacy lawsuit brought by people who signed up for a dating site (Positive Singles) for people with STDs. Plaintiffs allege that Successfulmatch, the company that operates the site, made numerous privacy representations stating in its website copy…
Venue Clause in YouTube Terms of Service Upheld–Song Fi v. Google
This is a dispute over YouTube’s takedown of a music video. Song Fi, along with Rasta Rock, Joeseph Brotherton, and his six year old son, sued YouTube for taking down their video titled “LuvYa LuvYa LuvYa.” YouTube said it removed…
Congress May Crack Down On Businesses’ Efforts To Ban Consumer Reviews (Forbes Cross-Post)
Imagine a dentist telling her patients that they can’t write online reviews about her. Or a hotel deducting money from a newly married couple’s security deposit if any member of the wedding party blasts the hotel on Yelp. These types…
Jointly Editable Online Document Doesn’t Provide Evidence of Contract Formation–Turner v. Temptu
The litigants discussed working together to launch a new product in the marketplace. As seems to be inevitable in situations like this, the parties’ relationship fell out. Trying to salvage something from the situation, Turner alleged the parties had formed…
Lock Manufacturer Onity Had Only One Job, But Isn’t Liable For Failing To Do It Well (Forbes Cross-Post)
Let’s start with two non-controversial propositions: (1) no lock offers perfect security, and (2) any lock that can be defeated by a “stupidly simple” method is functionally worthless. But can a buyer of a functionally worthless lock recover in court?…
Court Denies AFP/Getty Bid to Set Aside Morel Copyright Verdict
The dust is settling on AFP v. Morel, and the wreckage that emerges isn’t pretty. Following trial, a jury awarded Morel $1,503,889.77 in actual and statutory damages for infringement. The jury also found that defendants violated Morel’s rights under the…
It’s Not Possible To Steal Facebook ‘Likes’–Mattocks v. BET
In 2008, Plaintiff Stacey Mattocks developed an (initially unofficial) Facebook page focusing on “The Game,” a television series initially aired on CW and later acquired by BET. In 2010, BET contacted Mattocks and hired her as a part-time worker, paying…
What’s a Browsewrap? The Ninth Circuit Sure Doesn’t Know–Nguyen v. Barnes & Noble
This is a lawsuit over Barnes & Noble’s alleged failure to honor its closeout advertisements for Hewlett-Packard Touchpads. (Coverage of the district court ruling here: “Barnes & Noble’s Online Contract Formation Process Fails–Nguyen v. Barnes & Noble.” Plaintiff (Nguyen) placed an…
Fining Customers For Negative Online Reviews Isn’t New…Or Smart (Forbes Cross-Post)
Last week, we learned that a New York hotel, the Union Street Guest House, was fining guests $500 for posting negative online reviews. The story received considerable media attention because the restriction violates our social norms and is almost certainly…