Mixed Ruling in Competitive Keyword Advertising Case–Goldline v. Regal
The lawsuit’s principal participants are rivals in the precious metals and coin industry. The defendant organization, Regal, has an affiliate program, and it appears that some affiliates bought competitive keyword advertising using the plaintiff Goldline’s trademark. The ruling is on…
Union Isn’t Liable For Members’ Posts To Private Facebook Group–Weigand v. NLRB
This case relates to a bus drivers’ strike in 2012. During the strike, union members posted “impassioned and bellicose” comments about the strike on the union’s Facebook page, which was accessible only to union members. The union didn’t authorize those…
Q4 2014 & Q1 2015 Quick Links Part 7 (Consumer Reviews, RTBF, Defamation, Censorship, Sec. 230)
International Censorship * WaPo: This was the Internet’s worst, best year ever * Wired: Russia’s Creeping Descent Into Internet Censorship * Washington Post: Russia just made a ton of Internet memes illegal * NY Times: Hungary Drops Internet Tax Plan…
Q4 2014 & Q1 2015 Quick Links Part 2 (Dating, Sex, Pornography)
Dating and Sex * The Atlantic: The Adultery Arms Race * NY Times: Extramarital Dating Site Unsettles the Land of Discreet Affairs * San Francisco Magazine: The cold mathematics of sugar daddy dating. * FTC: Online Dating Service Agrees to…
GA Supreme Court Fixes Overbroad Injunction Against Message Board Operator–Chan v. Ellis
This case involves message board posts by a community that criticized Ellis’s copyright enforcement efforts. Ellis sought and obtained a protection order against Chan, the operator of the message board, on the legal grounds that the users’ posts constituted “stalking”….
Court Rejects Bizarre Attempt To Scrub Consumer Review–Goren v. Ripoff Report
I previously blogged about this matter (see also Venkat’s update). A Massachusetts attorney, Goren, was unhappy about a user review of his law firm posted to Ripoff Report, which is well-known for not removing user posts. The plaintiffs sued the…
Online Dating App Grindr Isn’t Liable For Underage ‘Threesome’ (Forbes Cross-Post)
Many online dating services undertake some efforts to screen out dangerous or problematic members, but what should the law do if those screening efforts aren’t perfect? As a recent case involving Grindr shows, the answer is nothing. Grindr is an…
Court Says Uber and Lyft Drivers May be Employees
Drivers for Uber and Lyft claimed they are employees, not independent contractors. Two different judges hearing these cases both held that factual questions preclude summary judgment in favor of Uber and Lyft. As Judge Chhabria, who is hearing the Lyft…
GoDaddy Gets Important Section 230 Win in Second Circuit–Ricci v. Teamsters Union Local 456
GoDaddy won a Section 230 case in the Second Circuit. It’s a short and efficient ruling, but it’s a published opinion and the court says it’s the first Second Circuit opinion on Section 230 (I haven’t double-checked), which makes it…
It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Steiner
In enacting the DMCA’s notice-and-takedown system, Congress knew copyright owners and others might send takedown notices overzealously. To discourage abuses of the notice-and-takedown system, Congress enacted 17 USC 512(f) to create a new cause of action for sending bogus takedown…