1H 2017 Quick Links Part 7 (Fake News, RTBF, Censorship, Extremist Content)
Fake News * NY Times: From Headline to Photograph, a Fake News Masterpiece * Data and Society: Media Manipulation and Disinformation Online * Wired: Inside the Macedonian Fake-News Complex * Mark Verstraete, Derek E. Bambauer, & Jane R. Bambauer, Identifying…
Senate’s “Stop Enabling Sex Traffickers Act of 2017”–and Section 230’s Imminent Evisceration
A new anti-Section 230 bill, the Stop Enabling Sex Traffickers Act of 2017, will be introduced in the Senate imminently, perhaps tomorrow. [UPDATE: It has been introduced as S. 1693]. It is being introduced by six senators (Senators Portman, Blumenthal,…
1H 2017 Quick Links, Part 6 (Defamation, Section 230, Consumer Reviews)
Defamation * Gillon v. Bernstein, Civ. No. 2:12-4891 (WJM) (D.N.J. Nov. 3, 2016). No liability for negative Ripoff Report. * Jackson v. Mayweather, 2017 WL 1131869 (Cal. Ct. App. March 27, 2017). CA’s anti-SLAPP law protects the following Facebook/Instagram post: “the real reason me…
1H 2017 Quick Links, Part 4 (Copyright, Patent, More)
Copyright * Design Basics, LLC v. Lexington Homes, Inc., 858 F.3d 1093 (7th Cir. 2017). Three noteworthy passages from this case: – “the existence of the plaintiff’s copyrighted materials on the Internet, even on a public and “user‐friendly” site, cannot…
When Do Review Websites Commit Extortion?–Icon Health v. ConsumerAffairs
Icon Health and Fitness manufactures exercise equipment, such as the well-known NordicTrack. ConsumerAffairs is a review website. Like many other review websites, its business model is predicated on payments from reviewed businesses. However, ConsumerAffairs’ specific practices raise some extra questions….
Yelp, Twitter and Facebook Aren’t State Actors–Quigley v. Yelp
This is a pro se lawsuit against Yelp, Twitter, Facebook and other major companies, so we know the plaintiff’s chances are nil. The plaintiff claims he was unconstitutionally banned by these services and sought a TRO against their bans. The…
Another Collision of Housing Regulations and Online Innovation–SF Housing Rights Committee v. HomeAway
This is another lawsuit over short-term housing rentals in San Francisco. You’ve been watching the litigation over the San Francisco regulation (Section 41A.5(g)) requiring “hosts” (short-term landlords) to register with the city, limiting the number of days that a unit…
DMCA Safe Harbor Doesn’t Protect Zazzle’s Printing of Physical Items–Greg Young Publishing v. Zazzle
The court summarizes the key facts: “GYPI alleges that Zazzle has publicly displayed 41 paintings by Westmoreland or Erickson on its website, and that Zazzle has created consumer products bearing these images.” GYPI lacked standing to enforce the Westmoreland paintings,…
Section 230 Protects Google’s Decision Not To De-Index Content–Bennett v. Google
Dawn J. Bennett was a financial advisor in major trouble with the SEC. She also has a sporting apparel company. She hired an SEO, Pierson, to improve the search engine indexing of her website. After a payment dispute, Pierson posted…
Facebook Isn’t Liable for Fake User Account–Caraccioli v. Facebook
I blogged about this case last year. (This case is also indexed in our compendium of nonconsensual pornography cases). In my prior post, I described the facts: Franco Caraccioli is a third-year law student in San Diego. For reasons not…