Q1 2016 Quick Links, Part 4 (Copyright, Marketing and More)
Copyright * Naruto v. Slater: “Naruto is not an “author” within the meaning of the Copyright Act.” I heart Naruto! * Handshoe v. Abel, 1:14-cv-00159-KS-MTP (S.D. Miss. Jan. 8, 2016) (cites omitted): Given that there is no dispute that the…
Evidentiary Failings Undermine Arbitration Clauses in Online Terms
Earlier this week, we posted about a Seventh Circuit case where an ambiguous user call-to-action undermined an online contract formation procecss. (See “Defective Call-to-Action Dooms Online Contract Formation–Sgouros v. TransUnion“.) Recently, a couple of trial courts issued rulings denying companies’…
Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)
Surveillance * The whole Apple v. DOJ fracas was insane! NY Times: In Nod to Law Enforcement, Obama Ends Attempt to Straddle Privacy Divide. Vice: Obama’s Call for Encryption ‘Compromise’ Is Hypocritical. NY Times: For Apple, a Search for a…
Sketchy Suit Between Native Advertising Competitors Produces Sketchy Section 230 Ruling–Adblade v. RevContent
This case is filled with sketchiness. First, the litigants compete in the “native advertising industry,” which doesn’t have a great reputation (and this lawsuit isn’t likely to improve it). Second, the ads in question promote wrinkle creams, diet pills and…
Defective Call-to-Action Dooms Online Contract Formation–Sgouros v. TransUnion
Another terms of use case,* this one involving the sale of a credit package from TransUnion. TransUnion’s terms of use contained an arbitration clause and class action waiver. The district court ruled that the parties did not form a binding…
Homeowner’s Insurance Policy Doesn’t Apply To Cyberharassment Campaign Allegations–State Farm v. El-Moslimany
This is an insurance coverage dispute arising out of a defamation lawsuit. Sindi sued El-Moslimany in Massachusetts alleging that El-Moslimany engaged in a campaign to “embarrass, humiliate, and destroy” Sindi through perpetuating falsehoods. Sindi describes herself as a scientist, entrepreneur,…
Q1 2016 Quick Links, Part 2 (Online Jurisdiction)
Oh yay, an entire quick links post dedicated to online jurisdiction! * Kindig It Design, Inc. v. Creative Controls, Inc., 2016 WL 247574 (D. Utah. Jan. 20, 2016) Furthermore, maintaining an interactive website is no longer the sole purview of…
Q1 2016 Quick Links, Part 1 (Trademarks and Domain Names)
* Academy of Motion Picture Arts and Sciences v. GoDaddy.com, Inc., 2015 WL 5311085 (C.D. Cal. Sept. 10, 2015). A major win for GoDaddy—and domain name parking programs generally—against a long-running cybersquatting suit by the Motion Picture Academy. This ruling…