Web Scraping for Me, But Not for Thee (Guest Blog Post)

…the last few weeks, Twitter/X Corp. has filed multiple lawsuits against web scrapers, including against Bright Data, which is perhaps the biggest web-scraping company in the world. Ten years ago,…

LawTuber Loses Defamation Case–Broughty v. Bouzy

…and toxic trolls.” Heard retained Bot Sentinel. Bot Sentinel rated Broughty’s Twitter account “disruptive”; and on his personal Twitter account, Bouzy questioned Broughty’s legal credentials and accused Broughty of various…

Announcing the 2023 Edition of My Internet Law Casebook

…pedagogically valuable conversations. I added the Taamneh v. Twitter SCOTUS opinion as an example of what the law looks like if Section 230 doesn’t apply. I created a new note…

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

…2018). In Goldman, the plaintiff’s photograph was reproduced (without authorization) in several tweets on Twitter. Plaintiff then sued various news outlets that “embedded” the tweets in their news stories by…

Texan J6er’s Social Media Censorship Case Moved to California–Davis v. Facebook

…places where they irritate everyone else and thus aren’t wanted. These disruptions aren’t in the community’s best interest. We’ve seen how the Musk-facilitated #MAGA takeover of Twitter–something the social media…

DC Circuit Upholds FOSTA’s Constitutionality (By Narrowing It)–Woodhull v. U.S.

…G6 * FOSTA Claim Can Proceed Against Twitter–Doe v. Twitter * FOSTA Survives Constitutional Challenge–US v. Martono * 2H 2020 Quick Links, Part 4 (FOSTA) * Justice Thomas’ Anti-Section 230…

Amazon Can Freely End Book Reviewer’s Authoring Privileges–Haywood v. Amazon

…for that claim too because the lawsuit fundamentally sought to override Amazon’s editorial discretion. See, e.g., Murphy v Twitter. This ruling also reinforces that consumers reviews are a paradigmatic use…

Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

…their posted information for breach of their standard form agreements. Just earlier this month, Twitter threatened to sue Meta over its new service, Threads, alleging, among others, that Meta might…

Uh-Oh, the Ninth Circuit Is Messing Again With Its Roommates Ruling–Vargas v. Facebook

…statutes are not exempted.”), Divino v. Google, Newman v. Google, Wilson v. Twitter, Chicago Lawyers Committee v. Craigslist, and of course the Roommates.com case itself (which held that Section 230…

Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

…in the names and/or trade dress of other dog toys sold in its Silly Squeakers line of toys. As I noted on Twitter, nothing in the opinion suggests that the…