Section 230 Helps Discord Defeat "Defective Design" Claims Regarding Sexual Predation--Jane Doe v. Discord

This is another entry in the genre of “predator access” cases claiming that predators solicited minors for sex online, in this case on Discord. Many predator access cases have targeted Roblox, which has a pending MDL in CA consolidating dozens…

The Federal Government Used Jawboning to Censor ICE Transparency Initiatives--Rosado v. Bondi

Jawboning is government coercion to suppress constitutionally protected speech. (This is distinguishable from direct censorship, where the government bans or restricts that speech expressly). If asked, many people would say they oppose jawboning. However, most of those opponents cannot properly…

U.S. Supreme Court Narrows Secondary Liability in Copyright Law--Cox v. Sony (Guest Blog Post)

Guest Blog Post by Prof. Tyler Ochoa On March 25, the U.S. Supreme Court unanimously held that Cox Communications, an internet access provider, is not liable for file-sharing infringements committed by its users.  Cox Communications, Inc. v. Sony Music Entertainment,…

Remember When the Ninth Circuit Rejected Classpass' TOS Formation? About That...--Blackburn v. Classpass

Last year, the Ninth Circuit issued a blockbuster TOS formation case, Chabolla v. Classpass. The court rejected Classpass’ TOS formation despite Classpass deploying multiple screens where Classpass seemingly got close to formation. The Chabolla case, combined with the Godun case…

The Cox Shock: A Tectonic Shift or Just a Tremor? (Guest Blog Post)

by guest blogger Prof. Guy Rub, Temple University Beasley School of Law The Supreme Court’s decision in Cox v. Sony sent a shockwave through the copyright world. In an opinion that felt like a cold shower for copyright owners, Justice Thomas essentially…

With Opinions Like This, Congress Doesn't Need to Repeal Section 230--Massachusetts v. Meta

This is one of the dozens of state AG lawsuits against social media services that are being litigated independently of/in parallel with the federal social media addiction MDL (where the state AGs are also suing social media companies). Because these…

Will Lower Courts Find Ways Around Cox v. Sony? You Betcha

This post covers two more Michael Grecco cases (see links below for additional blog coverage on his litigation campaign). The two decisions provide an interesting compare/contrast. The Twitter ruling also gives an early sense of how lower courts might navigate…

Prof. Goldstein on Cox v. Sony (Excerpt from His Treatise)

Prof. Paul Goldstein (Stanford Law) kindly has allowed me to share this update to his treatise (Goldstein on Copyright, Third Edition) regarding the Supreme Court’s Cox v. Sony decision. (My initial comments on the ruling are here). * * *…

Do DMCA Takedown Notices Need to Expressly Refer to the Lack of Fair Use?--Take-Two v. PlayerAuctions

PlayerAuctions runs an online marketplace for virtual items. Take-Two makes the Grand Theft Auto (GTA) videogames. Take-Two sent a takedown notice to PlayerAuctions targeting user-uploaded item listings. PlayerAuctions pushed back, saying that the users’ listings don’t contain any GTA copyrighted…

Comments on the Jury Verdict in the Los Angeles Social Media Addiction Bellwether Trial (Expanded/Updated)

Today, a Los Angeles jury awarded a social media user, KGM, $3M in compensatory damages (70% to Meta, 30% to YouTube) based on KGM’s claimed addiction to social media. The jury may also award punitive damages; that is being argued…