Section 230 Immunizes Bing’s Search Results–White v. Microsoft
This lawsuit relates to an episode of the TV show Evil Lives Here called “I Invited Him In,” which discusses an NY serial killer named Nathaniel White. A different Nathaniel White claimed that the episode improperly featured his mugshot and…
Twitter Account Suspension Lawsuits Keep Failing–Hall v. Twitter
This case involves a Twitter account held by Daniel Hall, who also used the aliases “Senza Vergogna” and “Sensa Verogna.” [Note: I believe those aliases reference an Italian movie about a son who engages in incest with his mom.] Hall…
Privacy Law Is Devouring Internet Law (and Other Doctrines)…To Everyone’s Detriment
What does “privacy” mean? It’s a simple question that lacks a single answer, even from privacy experts. Without a universally shared definition of privacy, scholars have instead attempted to “define” privacy by taxonomizing problems that they think should fit under…
Another Jawboning Case Fails in the Ninth Circuit–Kennedy v. Warren
This case involves a book called “The Truth About COVID-19: Exposing the Great Reset, Lockdowns, Vaccine Passports, and the New Normal,” which includes a foreword from Robert F. Kennedy Jr. Sen. Warren wrote a letter to Amazon expressing “concerns” about…
DMCA 512(c) Safe Harbor Doesn’t Apply to Photo Embedding–Great Bowery v. Best Little Sites
This case involves Annie Leibovitz photos, represented by licensing and enforcement agency Trunk Archive. Allegedly, users of comicbookmovie.com (CBM) embedded the Leibovitz photos into the site by linking to the images hosted on third-party sites. Once CBM learned of the…
The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable)
As you know, FOSTA was a poorly drafted statute with terrible policy outcomes. We’re still working through the first wave of litigation testing Congress’ poor handiwork. Last October, in Doe v. Reddit, the Ninth Circuit issued an important ruling interpreting…
Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps
This is another lawsuit involving the Bored Ape Yacht Club (BAYC) NFTs. (Q: why are the apes so bored? A: because they spend so much time in court proceedings). In this lawsuit, BAYC sued an “appropriation artist,” Ripps, who sought…
Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)
by guest blogger Jess Miers, Legal Advocacy Counsel at Chamber of Progress [Eric’s intro: last year I blogged about Minnesota’s flirtation with mandatory age verification. That proposal died, but it’s a new year and legislatures around the country are back…
Amazon Screws Up Its TOS Amendments (Again)–Jackson v. Amazon
This case involves “Amazon Flex” drivers. Allegedly, “Amazon monitored and wiretapped the drivers’ conversations when they communicated during off hours in closed Facebook groups.” Amazon claimed its TOS mandated arbitration. The Ninth Circuit disagrees. At issue are two versions of…
Microsoft Can Terminate User Account for Allegedly Possessing CSAM. But What If It Made a Mistake?–Deutsch v. Microsoft
The plaintiff (a NY lawyer/financial executive?) allegedly uploaded CSAM to his Microsoft OneDrive folder in violation of Microsoft’s “Code of Conduct.” [Nomenclature note: CSAM is what used to be called child porn; the case calls it CSEAI]. Allegedly, PhotoDNA detected…