What’s a Browsewrap? The Ninth Circuit Sure Doesn’t Know–Nguyen v. Barnes & Noble
This is a lawsuit over Barnes & Noble’s alleged failure to honor its closeout advertisements for Hewlett-Packard Touchpads. (Coverage of the district court ruling here: “Barnes & Noble’s Online Contract Formation Process Fails–Nguyen v. Barnes & Noble.” Plaintiff (Nguyen) placed an…
Announcing the Second Edition of “Advertising & Marketing Law: Cases and Materials” by Tushnet & Goldman
Rebecca Tushnet and I are pleased to announce the release of Advertising & Marketing Law: Cases and Materials, second edition (2014). It’s available at Gumroad as a $11.50 DRM-free download (PDF version / epub mobile device version) and other outlets….
Copying Blogger’s Posts In Disciplinary Proceeding Is Fair Use–Denison v. Larkin
The plaintiff, JoAnne M. Denison, is an Illinois attorney and operated a blog, MaryGSykes.com. Denison blogged about a guardianship case she believed was marred by corruption. The Illinois attorney disciplinary board alleged that she made false statements on her blog…
Fictional Software Brand In ‘Dark Knight Rises’ Movie Doesn’t Infringe Real-Life Software Brand–Fortres Grand v. Warner Bros.
This case involves a key plot device, called “Clean Slate” software, from the movie Dark Knight Rises, part of the umpteenth attempt to reboot the Batman franchise. The fictional software provides an uber right-to-be-forgotten; it “enables an individual to erase…
Fair Use Likely Protects Discussion of Blog Post and Comments
This is a lawsuit between pro se parties. As the court notes, the feud between the parties largely took place online, but eventually “found its way into federal court”. Plaintiff is the publisher the “Hogewash!” blog. Defendant is a “retired…
Brazil’s Internet Bill of Rights Compared to Section 230 (Excerpt from My Internet Law Casebook)
I recently announced the release of my 2014 Internet Law casebook. For this year’s edition, I added a module exploring comparative intermediary liability, explaining how Section 230 differs from some other intermediary regulatory schemes adopted around the globe. Below, I’ve…
Fining Customers For Negative Online Reviews Isn’t New…Or Smart (Forbes Cross-Post)
Last week, we learned that a New York hotel, the Union Street Guest House, was fining guests $500 for posting negative online reviews. The story received considerable media attention because the restriction violates our social norms and is almost certainly…
Conviction for Posting Pages From Teenager’s Diary Via Mail and Facebook Partially Reversed
The defendant, Teri Buhl, was prosecuted under a bizarre set of facts. Buhl, a journalist, was in a relationship with P (the opinion does not identify him, but Buhl’s account of the case, linked below, does). P’s daughter kept a…
Does Yelp Have The ‘Most Trusted Reviews’? A Court Wants To Know More (Forbes Cross-Post)
Few online algorithms generate as much criticism as Yelp’s algorithm for filtering its users’ reviews, but Yelp has so far successfully avoided a serious legal challenge to its filter. Recently, a California appellate court green-lighted a lawsuit over how Yelp…
2014 Internet Law Casebook and Syllabus Now Available
My 2014 Internet Law syllabus and updated casebook ($8 DRM-free PDF download) are now online. This year I’m celebrating my 20th year teaching the course! (For more background on my Internet Law course, see this essay). This post will explain…