Court Fetishizes Facebook’s TOS Statement That It Takes “Appropriate” Content Moderation Actions–Calise v. Meta
This is the remand of the disastrous Ninth Circuit decision, where a TAFS judge launched a wrecking ball into the Ninth Circuit’s Section 230 jurisprudence. When the dust settled, the 9th Circuit ruling enables plaintiffs to plead around Section 230…
Chicago-Kent SAD Scheme Symposium TOMORROW
Tomorrow, the Chicago-Kent Law Review is hosting an online symposium entitled “Unsealing Schedule A.” Follow the link for free registration. I’m not speaking at the event, but I plan to attend and will likely be active during Q&A. I encourage…
When Does Content Moderation Trigger Direct Copyright Infringement?–LoopNet v. CREXi (Catch-up Post)
[My standard lament about Westlaw’s delays processing opinions from the Central District of California.] CoStar (LoopNet) and CREXi are involved in a 5+ year litigation war that has already reached the Ninth Circuit at least once. The docket has 1,200+…
512(f) Claim Sent to Trial (Which Didn’t Happen)–Leszczynski v. Kitchen Cube
[My standard lament that Westlaw’s indexing of Central District of California cases is unusually laggy.] Tomas Leszczynski claimed to have created the Bakercube Measuring Cube. He posted the 3D printing instructions for the cube to the Internet, subject to a…
Another TOS Formation Fails–Carruth v. Big Little Feelings
This is a Meta Pixels case. The plaintiff alleged VPPA violations. 🙄 The defense sought to send the case to arbitration per its TOS. The court disagrees. The Mobile Interface In its moving papers, the defense provided the following screengrab…
512(f) Doesn’t Support Preliminary Injunction–BViral v. TheSoul
TheSoul runs a Facebook account that seeks to publish viral content, much of which it purports to license. BViral is a video licensing organization with a 65k video portfolio. TheSoul claims that BViral sent 512(c)(3) takedown notices to Facebook targeting…
Amicus Brief Urges Seventh Circuit to Award Attorneys’ Fees in SAD Scheme Case–Louis Poulsen v. Lightzey
Prof. Betsy Rosenblatt (Case Law) and I filed an amicus brief supporting the Seventh Circuit appeal of a SAD Scheme defendant. The amicus brief was drafted by Wesley Johnson and the team at Cross-Border Counselor LLP. Note: We found out…
Section 230 Applies to Surreptitiously Recorded Video–Does 1-9 v. Pornhub and xHamster
This case involves surreptitiously created NCP videos from a college locker room. (Note: this is not a new issue for Section 230–the Doe v. GTE 7th Circuit decision dealt with similar facts in 2003). Murphy allegedly set up the cameras….