2H 2020 Quick Links, Part 1 (Copyright)
* UMG Recordings v. RCN Telecom Services, LLC, 3:19-cv-17272-MAS-ZNQ (D.N.J. Aug. 31, 2020): Plaintiffs have made allegations sufficient to satisfy the knowledge requirement at the pleading stage. As to actual knowledge, Plaintiffs aver that the five million notices sent to…
Ninth Circuit Says Amazon Isn’t “Seller” of Marketplace Items–State Farm v. Amazon
This is another Amazon marketplace hoverboard case. The majority summarizes its conclusion: While Amazon provides a website for third-party sellers and facilitates sales for those sellers, it is not a “seller” under Arizona’s strict liability law for the third-party hoverboard…
Google Isn’t Liable for Allegedly Problematic Search Results–Diez v. Google
Diez claims to be a “naturist” (note: these facts are taken from Diez’s complaint). He conducted Google image searches for the keywords “family naturist females,” “family naturist girls,” “family nudist females,” and “family nudist girls.” [PLEASE DO NOT INDEPENDENTLY INVESTIGATE…
CDT Lacks Standing to Challenge Trump’s Anti-230 Executive Order
In May, Trump issued an executive order designed to destroy Section 230 (EO 13925). Rather than actually work with Congress, Trump tried to amend 47 USC 230 only within the executive branch, which is largely a dead-end. I’m hoping Pres….
Justice Thomas’ Anti-Section 230 Statement Doesn’t Support Reconsideration–JB v. Craigslist
This is one of several pending cases against Craigslist for its alleged role in facilitating sex trafficking before 2010. In this case, the district court held that Section 230(c)(1) immunized the plaintiff’s state law claims. The plaintiff sought reconsideration due…
CRM Software Vendor Didn’t Qualify for Section 230–Tan v. Konnektive
This is a complex consumer protection lawsuit with dozens of defendants. This early-stage opinion is 62 pages. The case involves allegedly bogus “free trial” programs for cosmetics. The plaintiff alleges that she was duped into signing up for a free…
Court Again Enjoins Anti-TikTok Executive Order–TikTok v. US
This is another ruling involving Trump’s efforts to kick TikTok and WeChat out of the United States. This court, interpreting the authorizing statute, previously partially enjoined the Secretary of Commerce’s implementation of the anti-TikTok executive order. Again relying exclusively on…
Section 230 Protects Amazon from Manufacturer’s Ad Copy–Brodie v. Amazon
This case involves a product called “Better Than Pasta,” which contains konjac as an ingredient. Konjac can swell as it moves through the intestines, causing potentially serious injuries. As a result, some countries ban konjac products or require warning labels….
It’s Meshugenah to Operate a Streaming Mixtape Site–Atlantic v. Spinrilla
[Note: Meshugenah is Yiddish for “crazy.”] This is a brutal opinion. No matter how successful this defendant has been in the marketplace, copyright owner lawfare will almost certainly take it down. R.I.P. Spinrilla. Spinrilla is “a streaming and downloading service…
Google and YouTube Aren’t “Censoring” Breitbart Comments–Belknap v. Alphabet
Craig Belknap alleged that Google and YouTube violated the First Amendment and Section 230 by “deleting the citizen ‘Posts” that accompany and follow” Breitbart articles. (This is a pro se/in pro per suit). First Amendment. The court says “Neither Alphabet, nor…