Section 230 Doesn’t Protect Email Forwarding of Screenshotted Tweets?–Maxfield v. Maxfield

This case is a spinout ancillary lawsuit from the main divorce proceedings between the parties, and neither party was represented by a lawyer in this case. Given those attributes, this case may not be good precedent, but I’m blogging it…

2H 2015 Quick Links, Part 8 (Consumer Reviews, Google)

Consumer Reviews * In the hotel industry, “social media postings are resulting in additional capital expenditures as owners become more aware of and respond to criticisms and unfavorable comments. This effect became significant starting around 2012 and continues to increase.”…

2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce)

Marketing/Advertising * Jezebel: The Big Bad World of Products Celebrities Promote on Instagram. Related blog post. * NY Times: Cool Influencers With Big Followings Get Picky About Their Endorsements * NY Times: Since signing with Brooks on Jan. 1, 2014,…

2H 2015 Quick Links, Part 6 (Social Media)

* Burge ex rel. Burge v. Colton School Dist. 53, 2015 WL 1757161 (D. Or. April 17, 2015). 8th grader gets a C in a class and gets grounded. He vents about the teacher on Facebook: Braeden initially posted that…

Virtual Casino Doesn’t Violate California’s Gambling Law–Mason v. Machine Zone (Guest Blog Post)

By Guest Blogger Angie Jin [Eric’s note: Angie Jin is a Cornell Law 3L who volunteered to write up this post on a case that was festering in my queue for a few months.] Plaintiff, Mia Mason, filed a Class…

2H 2015 Quick Links, Part 5 (Section 230, Pornography)

Section 230 * Backpage.com, LLC v. Dart, 2015 WL 7717221 (7th Cir. Nov. 30, 2015) In his public capacity as a sheriff of a major county (Cook County has a population of more than 5.2 million), Sheriff Dart is not…

2H 2015 Quick Links, Part 4 (Content Regulation & More)

* Miquel Peguera: “The man who won the right-to-be-forgotten case in the Court of Justice of the European Union (CJEU) has now been denied the right to suppress links to comments about that case by the Spanish Data Protection Authority…

2H 2015 Quick Links, Part 3 (Trespass To Chattels, Privacy/Security)

Trespass to Chattels * Crapps v. State, 2015 WL 8114247 (Fla. Dist. Ct. App. Dec. 8, 2015). This is a revenge porn case, and the defendant was convicted of violating an anti-stalking protection order. However, in this ruling, the court…

2H 2015 Quick Links, Part 2 (Patents, Trademarks, Other IP)

Patents * ClearCorrect Operating, LLC v. International Trade Com’n, 2015 WL 6875205 (Fed. Cir. Nov. 10, 2015): ITC has jurisdiction only over “material things,” not digital content. An obvious but much needed ruling. * Washington Post: Patents are a terrible…

2H 2015 Quick Links, Part 1 (Copyright)

* Norberto-Colon Lorenzana v. South American Restaurants Corp., No. 14-1698 (1st Cir. Aug. 21, 2015): “a chicken sandwich is not eligible for copyright protection. This makes good sense; neither the recipe nor the name Pechu Sandwich fits any of the…

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