Section 230 Applies to Claims Over Hijacked Accounts (Except Maybe Verified Accounts)–Wozniak v. YouTube
…doesn’t apply. No arguments there. The other part of the statement is wrong, however. The Roommates.com case noted an exception to Section 230 when a defendant “design[s] your website to…
Print-on-Demand Service Defeats Fish Illustrator’s Copyright Claim–Tomelleri v. Sunfrog
…If not, the print-on-demand industry may not be commercially viable under prevailing law. A magistrate judge recommended dismissing Tomelleri’s copyright claims. The supervising judge agrees. Volitional Conduct. This judge is…
Print-on-Demand Services Face More Legal Woes–Canvasfish v. Pixels
…turned around its prior Sid Avery case in a shocking trial win. Will it make magic again in this case on further proceedings? Case Citation: Canvasfish.com, LLC v. Pixels.com, LLC,…
Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG
…a WSBTV.com account” “the relevant hyperlink remains close to the button that a user must select to continue or cancel” “the hyperlink appears to be in the same size font—not…
The European Union’s Digital Services Act: In Force from This Saturday, February 17, 2024, Including for U.S. Intermediaries (Guest Blog Post)
…the Commission will issue guidelines to clarify the application of Article 25, but it does not require the Commission to do so. The application of some DSA provisions will likely…
Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR
…Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. The defendant did not give the specified attribution. Philpot sued in 2020…
YouTube Still Isn’t a State Actor–Albertson v. Google
…Services “State Actors” or “Common Carriers”? Google and Twitter Defeat Lawsuit Over Account Suspensions/Terminations–DeLima v. Google More Plaintiffs (and Lawyers) Need To Be Reminded That YouTube Isn’t a State Actor–Divino…
Atari’s Lawsuit Against a Print-on-Demand Service Fizzles Out–Atari v. Printify
…Isn’t–Williams v. CafePress.com * Print-on-Demand “Publisher” Isn’t Liable for Book Contents–Sandler v. Calcagni * Griper Selling Anti-Walmart Items Through CafePress Doesn’t Infringe or Dilute–Smith v. Wal-Mart * CaféPress Denied 230…
2023 Quick Links: Leftovers
…respect to the other Party.” Route responds that CRFA does not apply to commercial solicitations and that the non-disparagement agreement is not subject to common-law defamation requirements. The CFRA “voids…
Game On! Bright Data Scores Major Victory in Web-Scraping Dispute with Meta (Guest Blog Post)
…headquartered out of Israel, is one of the largest web-scraping companies in the world. Meta owns Facebook and Instagram. Meta was once a customer of Bright Data’s. In December 2022,…