Can YouTube ‘Remove And Relocate’ User Videos Capriciously?–Darnaa v. Google (Forbes Cross-Post)
Most of us uploading YouTube videos aren’t deeply invested in their continued availability. If YouTube removed our videos or relocated them to a different URL, we might be puzzled why but otherwise would probably shrug our shoulders. However, YouTube is…
How Congress Can Protect Online Consumer Reviews (An Assessment of the Consumer Review Freedom Act) (Forbes Cross-Post)
[Note: last Wednesday, I testified on the Consumer Review Freedom Act before the Senate Commerce Committee. My testimony. My complete written submission.] For many Americans, the First Amendment is the alpha and omega of free speech protection. However, the First…
Disney Not Liable For Disclosing Device IDs And Viewing Habits
This is another VPPA case grappling with the question of how the statute defines “personally identifiable information.” A recent key VPPA ruling addressed the issue of whether someone who downloads an app is a “subscriber” (answer: no), but the PII…
Facebook Beats Privacy Lawsuit Alleging Persistent Tracking
This is a lawsuit against Facebook alleging that it tracked people visiting websites throughout the web even if they were not logged on to Facebook. As the court describes the allegations, Facebook uses a persistent cookie that tracks a person’s…
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…
Commenting on Viral Video Is Fair Use–Equals Three v. Jukin Media
This is a copyright lawsuit over viral videos. Jukin Video apparently finds and acquires the rights to viral videos. It reached 1 million subscribers on YouTube and has over 17,000 videos available for licensing. Equals Three produces short humor programs…
The Benefits Of Self-Publishing Electronic Casebooks (Forbes Cross-Post)
Recently, the Washington Journal of Law, Technology & Arts published an online symposium called “Disruptive Publishing Models.” The articles discuss different initiatives to disrupt the traditional model for publishing legal casebooks and how those initiatives are driving down students’ costs…
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…
Travel Blogger Denied Tax Writeoff For European Backpacking Trip (Forbes Cross-Post)
It sounds like every blogger’s dream: take a half-year vacation to travel the globe–and make the trip tax-deductible by blogging it! Unfortunately, you can’t cheat the tax man so easily, as one enterprising blogger discovered the hard way. The Case…
Ninth Circuit Rejects Video Privacy Protection Act Claims Against Sony
This lawsuit asserts Sony failed to purge Video Privacy Protection Act-covered information and made impermissible transfers to an affiliated entity. The district court dismissed, among other reasons, because it found the VPPA did not create a cause of action for…