Facebook Easily Defeats Lawsuit Over User Posts–Hicks v. Bradford
Whoa, what a flashback. 😵 We used to see lawsuits like this 15+ years ago, but we don’t see them any more because they are so obviously doomed by Section 230. This case involves a shooting of police officers. Multiple…
Ninth Circuit Easily Dismisses Account Termination Case–King v. Facebook
This is a standard account termination case. The specific facts don’t matter to the outcome, but I enumerate a little more detail in my prior blog post. The 9th Circuit panel’s very short narrative includes: “there is no private right…
Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)
By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of…
Section 230 Immunizes Facebook’s “Design and Architecture” Choices–M.P. v. Meta
This case involves the murderous attack by Dylann Roof against the Emanuel AME Church in Charleston, S.C., killing nine African-Americans. A victim’s daughter sued Facebook, alleging that Facebook’s “design and architecture” radicalized Roof, and that should disqualify Facebook for Section…
Copyright Owner Can Proceed with Vicarious Infringement Claim Against eBay–Okolita v. eBay
Ellen Okolita developed bird costumes for children, took photos of her children wearing the costumes, and used the photos to sell about 8,000 costumes on Etsy (at her “Tree and Vine” store). Read a profile of her. (Sorry, I’m not…
Ninth Circuit Highlights the Messy Law of Contributory Trademark Infringement Online–YYGM v. RedBubble
Redbubble provides an online marketplace for print-on-demand items. Unlike other print-on-demand vendors, Redbubble outsources everything but the marketing and payment processing functions. Third-party user-merchants upload the images; third-party contract manufacturers and other vendors make and ship the ordered items. This…
DC Circuit Upholds FOSTA’s Constitutionality (By Narrowing It)–Woodhull v. U.S.
FOSTA is terrible social policy that hurt multiple communities without clearly benefiting any community, but its bad results don’t automatically make it unconstitutional. In response to a facial constitutional challenge to FOSTA, the DC Circuit upheld the law after making…
Amazon Can Freely End Book Reviewer’s Authoring Privileges–Haywood v. Amazon
Charles Haywood wrote book reviews at Amazon. He says “his style tends to be megalomaniacal and apocalyptic. He likes to fight.” (For more, see this story and his own self-analysis using Jordan Peterson’s personality test 🙄). No thank you. For what…
Armslist Defeats Lawsuits Over Illegal Gun Sales (Without Section 230’s Help)–Webber v. Armslist
Armslist publishes users’ classified ads for guns. Two estates sued Armslist for allegedly facilitating illegal gun sales that led to murders. My blog post on the district court rulings. Section 230’s availability in such situations is uncertain, but on appeal,…
How Will the Digital Services Act (DSA) Affect the European Internet?
I expect the Digital Services Act (DSA) to be one of the most consequential regulations of the Internet. Yet, I have so far avoided blogging the DSA because it’s so overwhelming and complex. Its breathtaking/mind-numbing scope and detail reminds me…