In IMDb Privacy Case, 9th Circuit Rejects Hoang’s Appeal
Hoang alleged that IMDb improperly used her personal information to find out her real age and published her real age on its website. She argued that this harmed her employment prospects in the industry. The jury ruled for IMDb. Hoang…
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…
The “Browsewrap”/”Clickwrap” Distinction Is Falling Apart
It is somewhat surprising that, in 2015, courts are still hashing out online consumer contract formation issues. After all, the seminal case, Specht v. Netscape, was decided over a dozen years ago. Yet, a few recent cases show that companies often don’t…
Hoang v. IMDb Argued in the Ninth Circuit
Hoang vs. IMDb, a case we’ve covered closely on the blog, had oral arguments before the Ninth Circuit panel last Friday. The appeal focused on several procedural issues, such as: whether the district court improperly placed the burden on Hoang to…
Top 10 Internet Law Developments of 2014 (Forbes Cross-Post)
It’s time for my annual recap of the top Internet Law developments of the year. #10: Copyright Fair Use Tilts To Defense. Larry Lessig has famously said that “fair use in America simply means the right to hire a lawyer…
Lawsuit Fails Over Ridesharing Service’s Disclosures To Its Analytics Service–Garcia v. Zimride
Plaintiff sued Lyft (and others) over privacy violations based on the allegedly improper disclosure of user information by the Zimride service. He alleged that he used the Zimride service, once owned by Lyft and now owned by Enterprise Holdings, and his…
Court Rejects VPPA Claim Against Viacom and Google Based on Failure to Disclose Identity
I blogged before about the privacy lawsuit against Viacom and Google over the disclosure of the viewing habits of minors. The court previously rejected the claims on the basis that the disclosure of user attributes (such as demographic information, unique…
No Personal Jurisdiction Over Nasty Facebook Post–Burdick v. Superior Court
Let me see if I can sum up all of my knowledge about Internet jurisdiction in a few pithy bullet points: * Motions to dismiss for lack of personal jurisdiction often lose, so why should we get too wrapped up…
Safeway Can’t Unilaterally Modify Online Terms Without Notice
This is a lawsuit against Safeway alleging that it charges slightly different (and higher) prices for items ordered online than purchased in-store. The court previously denied Safeway’s motion to dismiss and now grants summary judgment in favor of plaintiffs on…
Appeals Court: Accepting Lawyer’s Prove-me-Wrong Challenge Does not Form a Contract
This is a great case where a defense lawyer made a passing statement that his client could not have committed a murder he was charged with due to the sheer impossibility of traveling logistics. The Defendant was spotted via surveillance…