Sketchy Suit Between Native Advertising Competitors Produces Sketchy Section 230 Ruling–Adblade v. RevContent
This case is filled with sketchiness. First, the litigants compete in the “native advertising industry,” which doesn’t have a great reputation (and this lawsuit isn’t likely to improve it). Second, the ads in question promote wrinkle creams, diet pills and…
Alleged “Conspiracy” Among Disgruntled Ex-Employees Defeats Section 230–Tanisha v. Chandra
[Note: as I’ve mentioned before, sometimes Westlaw randomly spits out cases months after they were issued. This opinion is 4 months old but just appeared in my Westlaw alerts this week. Despite its age, I’m blogging it because of its…
Amazon Defeats Publicity Rights Lawsuit Over ‘A Gronking To Remember’ Book Cover (Forbes Cross-Post)
Greg McKenna writes as a woman using the pen name Lacey Noonan. In 2014, McKenna wrote the book “A Gronking to Remember,” an erotic “fan fiction” book about New England Patriots tight end Rob Gronkowski. He self-published the book digitally…
Big Win For Free Speech Online In Backpage Lawsuit (Forbes Cross-Post)
Regulators and plaintiffs have been trying to eradicate online prostitution ads for a decade. These efforts have been partially hampered by 47 U.S.C. 230 (Section 230), a law Congress enacted in 1996 to protect websites from liability for third party…
Facebook Isn’t Liable For Fake User Account Containing Non-Consensual Pornography–Caraccioli v. Facebook (Forbes Cross-Post)
Franco Caraccioli is a third-year law student in San Diego. For reasons not explained in the opinion, someone created a fake Facebook account named “Franco Caracciolijerkingman” and posted photos and videos of Caraccioli “sexually arousing or pleasuring himself.” (All facts…
Section 230 Doesn’t Protect Summaries of Third Party Remarks–Diamond Ranch Academy v. Filer
Diamond Ranch Academy runs a “residential youth treatment facility” in Utah. Chelsea Filer (nee Chelsea Papciak) runs a website, DRASurvivors.com, critical of Diamond Ranch Academy. Diamond Ranch Academy sued her for defamation and tortious interference in Utah. For reasons not…
Surveying Ten Years Of Top Internet Law Developments (Forbes Cross-Post)
I’ve been writing an annual list of top Internet Law developments for a decade, so I thought it might be fun to look back at my #1 ranked development in each of the past 10 years. Let’s take a stroll…
Top 10 Internet Law Developments of 2015 (Forbes Cross-Post)
I’m pleased to present my annual list of top Internet Law developments from the past year. As the years go by, increasingly the most important Internet Law developments/crackdowns are occurring internationally, but I tried to focus on U.S. developments. 10)…
Section 230 Doesn’t Protect Email Forwarding of Screenshotted Tweets?–Maxfield v. Maxfield
This case is a spinout ancillary lawsuit from the main divorce proceedings between the parties, and neither party was represented by a lawyer in this case. Given those attributes, this case may not be good precedent, but I’m blogging it…
2H 2015 Quick Links, Part 8 (Consumer Reviews, Google)
Consumer Reviews * In the hotel industry, “social media postings are resulting in additional capital expenditures as owners become more aware of and respond to criticisms and unfavorable comments. This effect became significant starting around 2012 and continues to increase.”…