Section 230 Applies to NY Publicity Rights Claim–Ratermann v. Pierre Fabre
Patty Ratermann is a model. She signed a license with QuickFrame to use her likeness only on Instagram. Somehow (the court skips over exactly how), Pierre Fabre used her likeness to promote its Avène skincare products on its website, on…
Fourth Circuit’s 230 Meltdown Gives Plaintiffs False Hope–Divino v. Google
Last year, in Henderson v. Source for Public Data, the Fourth Circuit issued a MAGAlicious Section 230 opinion that seemingly trashed 25 years of Fourth Circuit precedent. It was immediately obvious that plaintiffs would widely cite the ruling. However, so…
Section 230 Protects Services That Permit Anonymous Third-Party Posts–Bride v. Snap
This case involves two “anonymous messaging” apps, Yolo and LMK. Both allegedly target teens audiences. “Plaintiffs allege they received harassing messages in response to their benign posts on Defendants’ applications and did not receive comparable messages on other platforms in…
My Amicus Brief in Gonzalez v. Google
Internet Law is in play at the U.S. Supreme Court, as they will likely hear at least four cases this term. (A possible fifth is the 303 Creative case). The four cases: Gonzalez v. Google, over whether Section 230 applies…
Twitter Defeats Account Suspension Lawsuit Again–Al-Ahmed v. Twitter
I previously described the case: This case involves the tragic situation where two Twitter employees allegedly became operatives for the Kingdom of Saudi Arabia and turned over sensitive information about the government’s critics to the Saudi Arabia government. I’m going…
2H 2022 Quick Links, Part 4 (Section 230, Consumer Reviews)
Section 230 * Ayala v. Viator, Inc., 2021 Mass. Super. LEXIS 1151 (Mass. Superior Ct. Nov. 19, 2021): The claims in the Second Amended Complaint seek to hold Defendants liable for content created and published by Defendants, not a third…
Section 230 Applies to Police Union’s Message Board–Desilet v. East Hartford Police Officers’ Association
Courtney Desilet was a police officer for the East Hartford police department. She alleges she was the victim of workplace discrimination and harassment. Her allegations sparked chatter on the union’s message board, including anonymous messages attacking her. She sued (among…
2H 2022 Quick Links, Part 3 (Copyrights and More)
Copyright * Wallster, Inc. v. Redbubble, Inc., 2022 U.S. Dist. LEXIS 198181 (C.D. Cal. Oct. 21, 2022): this Court rejects Wallshoppe’s argument that recklessness is enough to meet the knowledge requirement for contributory copyright infringement… Wallshoppe alleges Defendant has a…
Section 230 Protects a User Sharing an Allegedly Defamatory Facebook Event–AH v. Labana
This case involves St. Francis High School, a Catholic high school in Mountain View located just a few steps away from my home. In the wake of George Floyd’s death during the early pandemic days, racial tensions were high and…
Another Copyright Owner Learns Why It’s Better to Send DMCA Takedown Notices Before Suing–BMG v. Likee
Likee is a TikTok-like app that allows users to publish short videos, often set to music. Without sending DMCA takedown notices, BMG sued it for direct and contributory copyright infringement. The court dismisses those claims. Direct Infringement. The court says…