Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit--Doe v. Salesforce

Salesforce provided SaaS services to Backpage. On that basis, the plaintiffs sought to hold Salesforce liable for any Backpage-caused sex trafficking victimization. This represents an attempt (possibly unprecedented) to impose tertiary liability for sex trafficking. The advertisers, such as pimps,…

Another judge denies an unmasking subpoena to Strike 3, even though the judge has previously issued subpoenas to Strike 3, and even though it may mean that Strike 3’s infringement case will fail and Strike 3 will be left without…

State Court Rejects Prager University's Lawsuit Against YouTube

Prager University publishes videos on YouTube. YouTube demonetized some of its videos and placed some in “restricted mode,” meaning that users of YouTube’s restricted mode functionality won’t see them. Prager claimed that YouTube took these steps due to anti-conservative bias,…

A Thumbs-Up Emoji Doesn't Mean That Dad Disavowed His Child--Bardales v. Lamothe

This is a lawsuit over where a child should live. The mom moved from Honduras to the United States with her minor child. The dad remained in Honduras and initiated legal proceedings to bring the child back to Honduras. These…

Court Partially Enforces Amazon's Non-Compete Against Employee Who Joined Google--Amazon v. Moyer

Moyer was employed at Amazon as its Director of Sales for AWS’ “global financial services” and signed a non-compete. He left Amazon and joined Google as its VP of “Healthcare, Google Cloud”. Amazon sought to enforce the non-compete lawsuit in…

Amazon Can’t Force Arbitration of Minors' Privacy Claims Based on Alexa Recordings--BF v. Amazon

This lawsuit alleges that Alexa improperly stores the voiceprints of minor users. The trial court declines to order arbitration. (It’s the recommendation of a magistrate, so it will go to the district judge for adoption or modification of the order.)…

Internet Access Provider May Be Vicariously Liable for Subscribers' BitTorrent Downloads--Warner Bros. v. Charter

This is another copyright infringement lawsuit against an Internet access provider for subscribers’ allegedly infringing P2P file sharing activity. It extends the copyright owners’ successes in two similar lawsuits, BMG v. Cox and UMG v. Grande. In this ruling, the…

As I’ve mentioned many times, blogging about lawsuits has its own legal peril. By definition, I’m commenting on people who’ve shown a willingness to litigate, so there’s a higher-than-average chance they will want to litigate against me. Though I’m quite…

Two more samples of what I’m seeing in the online contract formation caselaw. Reminder: if you’re using some variation of the “wrap” terminology, UR DOIN IT WRONG. Phillips v. Neutron Holdings, Inc., 2019 WL 4861435 (N.D. Tex. Oct. 2, 2019)….

Roundup of the House Commerce Committee Hearing on Section 230

Yesterday, the House Energy & Commerce Committee (the Subcommittee on Communications and Technology and the Subcommittee on Consumer Protection and Commerce) held a hearing called “Fostering a Healthier Internet to Protect Consumers.” The hearing page. This post rounds up some…