More Evidence That Print-on-Demand Vendors May Be Doomed–Greg Young Publishing v. Zazzle
I’ve repeatedly expressed concern for the viability of print-on-demand vendors due to potentially unmanageable IP liability. Unlike other Internet services, print-on-demand vendors do not get the full benefit of 512(c) because of their offline printing and shipping activities. Without 512(c),…
Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v. Salesforce
Salesforce provided SaaS services to Backpage. On that basis, the plaintiffs sought to hold Salesforce liable for any Backpage-caused sex trafficking victimization. This represents an attempt (possibly unprecedented) to impose tertiary liability for sex trafficking. The advertisers, such as pimps,…
Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. Amazon
This lawsuit alleges that Alexa improperly stores the voiceprints of minor users. The trial court declines to order arbitration. (It’s the recommendation of a magistrate, so it will go to the district judge for adoption or modification of the order.)…
Rounding Up Two Online Contract Formation Cases
Two more samples of what I’m seeing in the online contract formation caselaw. Reminder: if you’re using some variation of the “wrap” terminology, UR DOIN IT WRONG. Phillips v. Neutron Holdings, Inc., 2019 WL 4861435 (N.D. Tex. Oct. 2, 2019)….
The PLAN Act Proposes to Amend Section 230 to “Protect”…Landlords and Hotel Chains?
This is my third time in 2019 blogging proposed Section 230 amendments. The other two bills, from Sen. Hawley and Rep. Gosar, propose structural reforms to Section 230–to mandate political neutrality and ban any content moderation not required by law,…
Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Newport Fishing
The litigants compete in the whale watching industry in LA/Orange Counties. The plaintiffs operate out of Long Beach/San Pedro, the defendants out of Newport Beach. If you’re not familiar with the geography, Long Beach and Newport Beach are about 20…
A Significant Section 230 Defense Win in the Ninth Circuit–Dyroff v. Ultimate Software
This is an important Section 230 ruling from the Ninth Circuit. First, it decisively rejects several of the flavor-of-the-month theories plaintiffs have advanced to eviscerate Section 230. Second, the opinion resolves those theories efficiently and with little wasted motion. That…
Section 230 Doesn’t Protect Print-on-Demand Vendor–Atari v. Sunfrog
Atari sued a print-on-demand outfit, Sunfrog, for user-uploaded designs that are allegedly infringing. In addition to copyright and trademark claims, Atari asserted an unfair competition claim. Sunfrog defended that claim on Section 230 grounds. The court says no. At this…
Wisconsin Court Holds Amazon Can Be Strictly Liable for Marketplace Items–State Farm v. Amazon
This is another case seeking to hold Amazon liable for defective items sold by its marketplace vendors (in this case, a bathtub faucet adapter that led to a household flood). Amazon had a remarkable string of wins in cases like…
Lessons from Bumble’s Choice of Law Clause–King v. Bumble
This is a lawsuit against the dating app “Bumble” challenging Bumble’s refund and renewal practices. Plaintiffs allege Bumble violated two California statues: (1) the Dating Service Law, and (2) the Automatic Renewal Law. The first requires dating services to give…