Court Lauds Blogs "As A Means Of Free Dissemination Of News And Public Comment"--Comins v. Vanvoorhis

A number of states have “retraction” laws that require plaintiffs to demand a retraction from media defendants before suing for defamation. How these laws apply to Internet publishers arose early in the development of Internet jurisprudence. For example, in the…

Of Course The First Amendment Protects Baidu's Search Engine, Even When It Censors Pro-Democracy Results (Forbes Cross-Post)

Baidu.com is the leading search engine in China. The plaintiffs in this case have published materials online about the democracy movement in China. They allege that, at the request of the Chinese government, Baidu excludes pro-democracy search results, including their…

Xcentric Ventures Chips Away at Small Justice’s Copyright Workaround to Section 230

Goren is a lawyer. Dupont made a less than flattering post about Goren to the Ripoff Report site, which is famous for not removing posts even at the request of the author. (Ripoff Report is one of the most successful…

Employer Gets Section 230 Immunity For Employee's Posts--Miller v. FedEx

[Note: I am massively behind in blogging Section 230 cases. I probably have a dozen or so festering in my queue. C'est la vie. This case jumps to the front of the queue because of its recency and its relatively...

Court Rules That Kids Can Be Bound By Facebook's Member Agreement

The status of kids’ ability to form contracts via online terms of service was somewhat uncertain over the last several years, with a few Facebook-related rulings raising questions. A group of minor plaintiffs who opted out of the Fraley v. Facebook…

Supreme Court Changes False Advertising Law Across the Country (Forbes Cross-Post)

Last week, in Lexmark v. Static Control, the Supreme Court articulated new standards about who can sue for false advertising under federal law. Because the Supreme Court rejected all of the disparate legal tests currently being used, this ruling will…

Ninth Circuit Rejects Plaintiffs' Bad Misreadings of eBay's User Agreement--Block v. eBay

Even after all of these years, I remain amazed by the bizarre contract misinterpretations that plaintiffs’ lawyers are capable of. Today’s case targeted the eBay user agreement, a document of special interest to me given my contributions to the agreement…

IP Battle Between Jumpy House Manufacturers Isn't Bounced - WhatRU Holding v. Bouncing Angels

At any moment, a product manufacturer can find itself trapped in a tangled nightmare of IP infringement claims. In WhatRU Holding, LLC v. Bouncing Angels, Inc., a district court in Minnesota found personal jurisdiction over a defendant company that sold…

Yahoo! Scores Significant Win in Email-to-SMS Lawsuit

We’ve blogged a bunch about text spam lawsuits in general, and about those against Yahoo! as well. Most recently, a judge denied Yahoo!’s request to dismiss a lawsuit relating to IM-to-SMS functionality. (See “TCPA Claim Over Yahoo!’s IM to SMS…

Court Spoils “Banana Lady's” Appeal Over Online Recordings of Her Act

Catherine Conrad is the “Banana Lady” (see her Facebook photos) who delivers singing birthday telegrams. I didn’t know such things still exist, but perhaps they do in the Midwest (she’s based in the Madison, Wisconsin area). For reasons the court…