How To Get Your Clickthrough Agreement Enforced In Court–Moretti v. Hertz
So, by now, you know that if you want an enforceable online agreement, you need to implement it as a mandatory clickthrough. With that settled, it’s time to address an advanced topic: what evidence can you offer a judge to…
Q1 2014 Quick Links, Part 2
Social Media * Collins v. Louisiana State Police, No. 13-412 (La. Ct. App. Oct. 23, 2013): a person’s online life depicted in social media is commonly not intended to reflect reality as much as it is intended to engender discourse. Therefore,…
Q1 2014 Quick Links, Part 1 (IP)
Copyright * Perfect 10, Inc. v. Giganews, Inc., No. 11-7098 (C.D. Cal. Jan. 29, 2014). Upholding Giganews’ policy of terminating repeat infringers. The ruling also is critical of Perfect 10’s method of sending takedown notices, saying that Perfect 10 may have had…
Ripoff Report’s Latest Section 230 Win–Seldon v. Magedson
It’s been a while since I blogged a Ripoff Report case. I’m sure you’ve missed hearing about them, but their litigation docket has calmed down somewhat since their heyday. This pro se lawsuit, rehashing tired arguments that have failed repeatedly…
Some Thoughts On General Mills’ Move To Mandate Arbitration And Waive Class Actions
I sent the following email to a reporter covering the fallout from General Mills’ amended legal terms to mandate arbitration and the The New York Times’ coverage, When ‘Liking’ a Brand Online Voids the Right to Sue (and see the…
Revenge Porn Is Bad, But It’s Not GoDaddy’s Fault (Forbes Cross-Post)
Revenge porn is odious, but so is a judge’s disregard for a federal law. In a lawsuit by revenge porn victims over the controversial revenge porn website Texxxan.com, a Texas state trial court had ruled that Texxxan’s web host, GoDaddy,…
Google, Yahoo and Amazon Beat Defamation Claims–Kabbaj v. Google
The pro se plaintiff alleges that unknown Does defamed him. He sued Google, Yahoo and Amazon for this defamation alleging: (1) Google administered a blogger service and profile pages that contained defamatory and threatening communications; (2) Amazon created several accounts…
Internet Law Professors File Amicus Brief in ‘Innocence of Muslims’ Case–Garcia v. Google
I’m sure you are familiar with Garcia v. Google, the copyright lawsuit against YouTube over the Innocence of Muslims video that led to a fatwa being issued against Garcia, an actress in the movie. In a truly awful opinion from…
Court Lauds Blogs “As A Means Of Free Dissemination Of News And Public Comment”–Comins v. Vanvoorhis
A number of states have “retraction” laws that require plaintiffs to demand a retraction from media defendants before suing for defamation. How these laws apply to Internet publishers arose early in the development of Internet jurisprudence. For example, in the…
Of Course The First Amendment Protects Baidu’s Search Engine, Even When It Censors Pro-Democracy Results (Forbes Cross-Post)
Baidu.com is the leading search engine in China. The plaintiffs in this case have published materials online about the democracy movement in China. They allege that, at the request of the Chinese government, Baidu excludes pro-democracy search results, including their…