Record Label Sends Bogus Takedown Notice, Defeats 512(f) Claim Anyway–White v. UMG
Surprise, another 512(f) claim fails. But the sender’s dereliction in this case really got to me, so it’s worth the blog post. The case revolves around a “beat” produced by Jordan Jenks (a/k/a Pi’erre Bourne). Jenks licensed the beat non-exclusively…
Trump’s Tweet Infringed the Song “Electric Avenue”–Grant v. Trump
This case involves Eddy Grant’s classic 1980s song “Electric Avenue.” The court describes Trump’s reuse of the song: On August 12, 2020, Daniel Scavino, Director of Social Media and Deputy Chief of Staff for Communications of the Executive Office of…
Court Enjoins the Utah “Minor Protection in Social Media Act”–NetChoice v. Reyes
Utah’s Minor Protection in Social Media Act contains two major provisions. First, it requires social media companies to conduct age assurance of their users to a 95% accuracy rate, along with an appellate process for misclassified users. Second, once minors…
Robert F. Kennedy Jr. Is Breaking Internet Law Faster Than I Can Blog It
Having built his professional reputation as a plaintiff (initially, to protect the environment), RFK Jr. is sticking with what he knows best–LAWSUITS. He’s suing an ever-expanding constellation of players to force their publication of his anti-vax views. He’s failing decisively…
Second Circuit Says More About the “Reasonable Internet User” Standard for TOS Formation–Edmundson v. Klarna (Catchup Post)
[I missed this opinion when it first came out in 2023. Blogging for completeness because of the importance of the “reasonable Internet user” standard.] Klarna offers a “buy now, pay later” option to consumers at third-party e-commerce sites. If a…
Comment on France’s Prosecution of Telegram Founder Pavel Durov
I don’t fully understand exactly what’s happening with Telegram and Pavel Durov in France. However, I have observed how many people don’t know the history of governments prosecuting Internet executives for the content or actions of third parties using their…
Ninth Circuit Enjoins Much of California’s Mandatory Editorial Transparency Law (AB 587)–X v. Bonta
In 2022, the California legislature went on a censorship bender (which it’s still on). Its 2022 class of online censorship laws included the California Age-Appropriate Design Code (largely declared unconstitutional in NetChoice v. Bonta) and AB 587, an editorial transparency…
Another Texas Online Censorship Law Partially Enjoined–CCIA v. Paxton
This case involves HB 18, one of the multitudinous online censorship laws the Texas Legislature keeps spewing out. This particular one requires “digital service providers” to age-authenticate all users. [This law extends HB 1181, which also requires age-authentication by some…
Bonkers Opinion Repeals Section 230 In the Third Circuit–Anderson v. TikTok
This decision is bonkers. The majority implies that any effort to curate third-party content automatically converts the third-party content into first-party content so that it no longer qualifies for Section 230 immunity. Because every UGC service necessarily curates every content…
AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v. Amazon
[This opinion from May just showed up in my alerts. I believe that’s because the court and parties are battling over redactions. There have been other decisions involving BIPA, NBA 2K, and sometimes AWS that I haven’t comprehensively blogged. I…