Bad Idea: Overdisclosing People’s Positive STD Status–Doe v. Successfulmatch
This is a privacy lawsuit brought by people who signed up for a dating site (Positive Singles) for people with STDs. Plaintiffs allege that Successfulmatch, the company that operates the site, made numerous privacy representations stating in its website copy…
Are Parents Liable For Their Children’s Online Pranks?–Boston v. Athearn
Dustin Athearn, who was 13, decided to “have some fun” at a “friend’s” expense. He did what any modern teenager does to poke fun at someone: he created a fake Facebook page in their name. Along with a friend Melissa,…
California Anti-Spam Law Doesn’t Require Sender’s Name In The ‘From’ Line or Domain Name
While spam litigation generally has diminished, plaintiffs continue to push claims under California’s anti-spam statute. Federal court decisions were mixed on what types of California’s anti-spam claims are preempted by CAN-SPAM (whether plaintiffs had to allege fraud or merely misleading…
Another Messy Employee-Employer Dispute Over Facebook Page Ownership
Courtney Austin managed the Preston County Animal Shelter. She was initially hired on an hourly basis but converted at her request to salary. Shortly after she was hired, she created a Facebook page for the shelter, and she sought and…
Venue Clause in YouTube Terms of Service Upheld–Song Fi v. Google
This is a dispute over YouTube’s takedown of a music video. Song Fi, along with Rasta Rock, Joeseph Brotherton, and his six year old son, sued YouTube for taking down their video titled “LuvYa LuvYa LuvYa.” YouTube said it removed…
Equivocal Email Exchanges Don’t Transfer Copyright Ownership
The Tjeknavorians collaborated with Mardirossian to make a film about the Armenian genocide. They never signed a paper agreement, although they had a bunch of correspondence regarding the film. Mardirossian contributed funds to the project on an ongoing basis (up…
Hertz Faces Negligence Suit For Employee’s Facebook Bashing of a Customer–Howard v. Hertz
Maurice Howard is a Hertz customer who alleged that a Hertz employee (Shawn Akina) posted the following comment about Howard on Facebook: I seen Maurice’s bougie ass walking kahului beach road . . . n*** please! A number of Akina’s…
Android ID Isn’t Personally Identifiable Information Under the Video Privacy Protection Act
This is another Video Privacy Protection Act lawsuit. The Cartoon Network has an app on the Android platform. Plaintiff (not a minor) downloaded the app. He complains that The Cartoon Network’s disclosure of his viewing history to a third party…
Court Rejects Argument That ECPA Does not Apply to Spousal Interception of Email–LaRocca v. LaRocca
Eloisa LaRocca alleged that her former husband installed spyware on her computer and intercepted emails she sent. The ex-husband moved for summary judgment on the basis that ECPA did not apply to spousal interceptions of electronic communications. The ex-husband also…
When Does Online Criticism Become “Stalking”?–Ellis v. Chan
This is an online harassment dispute. Ellis, the plaintiff/petitioner, is the author of a poem called “The Dash”. She has achieved some degree of public figure status through the poem’s notoriety. The poem is about a person who speaks at…