2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce)

Marketing/Advertising * Jezebel: The Big Bad World of Products Celebrities Promote on Instagram. Related blog post. * NY Times: Cool Influencers With Big Followings Get Picky About Their Endorsements * NY Times: Since signing with Brooks on Jan. 1, 2014,…

Big Fish’s Virtual Casino Doesn’t Violate Washington’s Gambling Statute

Eric and Angie blogged about the Machine Zone slot machine ruling from Maryland. This is a similar lawsuit brought against Big Fish, alleging that Big Fish’s virtual casino violates Washington’s anti-gambling statute. (Here’s a Recorder article covering these and other…

Virtual Casino Doesn’t Violate California’s Gambling Law–Mason v. Machine Zone (Guest Blog Post)

By Guest Blogger Angie Jin [Eric’s note: Angie Jin is a Cornell Law 3L who volunteered to write up this post on a case that was festering in my queue for a few months.] Plaintiff, Mia Mason, filed a Class…

Online Dating Services Must Give California Users a “Cooling Off” Period–Howell v. Grindr

California has a statute applicable to dating contracts that gives consumers the right to cancel within 3 days of signing up. Companies must advise clients of this and provide a cancellation mechanism and a full refund. Grindr, an online dating…

YouTube Wins Another Case Over Removing And Relocating User Videos (Forbes Cross-Post)

I recently blogged about a lawsuit against YouTube for taking down a user’s video and relocating it to a different URL. Users get upset when their videos are removed-and-relocated because the process strips the video of its view count and…

Court Enforces Arbitration Clause in Amazon’s Terms of Service–Fagerstrom v. Amazon

This lawsuit alleges that Amazon overstated the extent of discounts it offered customers (in stating the extent of the discount customer achieved when shopping at Amazon versus competing retailers). Amazon moved to compel arbitration, and the court grants the motion….

Senate Passes Consumer Review Freedom Act

As you recall, the Consumer Review Freedom Act would prevent businesses from restricting consumers’ reviews of their businesses. This week, the Senate approved the bill by unanimous consent. On the floor, the sponsors introduced a new version of the bill….

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…

Senate Commerce Committee Approves Consumer Review Freedom Act (Forbes Cross-Post)

The Consumer Review Freedom Act (S. 2044) would prevent businesses from contractually restricting their customers from writing online reviews (I call those “anti-review clauses,” but they are also called “gag clauses” and “non-disparagement clauses”). It seems ridiculous that we need…

You Can’t Buy A Copyright Just To Bury It–Katz v. Chevaldina (Forbes Cross-Post)

In the United States, copyright law principally serves as an economic policy by protecting creators’ ability to recoup the investments they make in generating new works that have value to society. As a result, copyright law gets weird when it’s…

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