No Liability for Linking to Defamatory Content–Life Designs Ranch v. Sommer
The plaintiffs run Life Designs Ranch, a substance abuse aftercare program that the defendant’s son participated in. Unhappy about billing issues, the defendant Sommers threatened Life Designs that “I am willing to get legal with this. Are you? I would…
Amazon AppStore and Google Play Defeat Lawsuit Over Infringing App Name–Free Kick Master v. Apple (Forbes Cross-Post)
Plaintiffs often target app stores for issues with third party apps. A recent court ruling in favor of Amazon’s AppStore and Google Play highlights the legal risks faced by app stores, as well as the benefits to consumers and society…
Grieving Parents (Still) Can’t Sue Topix For Son’s Oxy Overdose–Witkoff v. Topix (Forbes Cross-Post)
Is it possible to find illegal drugs using the Internet? Sure. But when illegal drug transactions occur, or worse, the drugs lead to tragedy, who should bear the blame? An appellate ruling involving Topix.com reiterates that user-generated content websites aren’t…
Another Tough Section 230 Ruling For Ripoff Report–Vision Security v. Xcentric
Maybe Ripoff Report’s luck in court is finally running out. I recently blogged on a bizarre case in Iowa where the court held that Ripoff Report couldn’t claim Section 230 protection for contributions made by a guy named Meade. I…
Big Fee Shift in Unsuccessful Copyright Lawsuit To Suppress Unflattering Photo–Katz v. Chevaldina
This is the latest update in the long-running case involving a real estate mogul, Raanan Katz, who didn’t like a photo taken of him in public. Katz bought the copyright to the photo and then sued a blogger for republishing…
Backpage Gets Bummer Section 230 Ruling in Washington Supreme Court–J.S. v. Village Voice
I have conflicting feelings about the legal efforts to eliminate online prostitution advertising. I’m aware of the critical role that online advertising can play in human sex trafficking and other associated crimes. However, it’s less clear to me whether shutting…
Crowdsourcing Platform Isn’t Liable For Fraudulent Fundraiser–GiveForward v. Hodges (Forbes Cross-Post)
Inevitably, crowdsourcing platforms will enable fraudulent activities. When should the platform take legal responsibility for that fraud? A recent case suggests that crowdsourcing platforms have substantial legal protections for their users’ fraudulent campaigns. The Case This case involves an 8…
Google Books Defeats Copyright Lawsuit Using 512(c)–Avdeef v. Google
The wheels of justice move slowly. To wit, the main Authors Guild vs. Google Books litigation has been percolating in the courts for almost a decade (September 20 is the 10 year anniversary–how do you plan to celebrate?!). Despite the…
Two Tough Section 230 Rulings From Last Week–General Steel v. Chumley & Xcentric v. Smith
Last week, we saw two Section 230 losses. Initially I was troubled by this confluence, but after digesting these opinions, I’m pretty certain they both involve unusual facts that limit any real damage to Section 230’s immunity. However, as usual…
Angie’s List Must Defend Fraud Charges Over Pay-to-Play Review Manipulation (Forbes Cross-Post)
U.S. law is clear that consumer review websites aren’t liable for their users’ reviews. However, plaintiffs are increasingly challenging how review websites publicly describe their review databases. A recent court ruling against Angie’s List highlights how plaintiffs are tendentiously parsing…