You probably recall Righthaven, the now-defunct copyright enforcement entity (some might call it a copyright troll) that purchased newspapers’ copyrights so it could sue small-time bloggers who republished articles; after suing, it would demand financial settlements the bloggers couldn’t afford….
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…
Plantiffs are trying to unmask Twitter users who make derogatory posts about the plaintiff corporate entities and their CEO. (Initial blog post about the case filing here.) They filed suit in the Western District of Washington, and sought and were…
Wagner v. Spire Vision: This is a spam lawsuit alleging receipt of emails in violation of California’s spam statute. There are 25 emails at issue. Header information claims: The California statute prohibits “falsified, misrepresented, or forged” header information. The court…
This case involves a browser plug-in from IMS, whose affiliates allegedly surreptitiously installed the plug-in on users’ computers. The plug-in allegedly caused pop-up ads to appear when users visited designated websites. Reed Elsevier allegedly advertised via these pop-up ads, triggering…
Robert Metzinger made the following four tweets during the 2013 World Series in St. Louis: Going to be tailgating with a #PressureCooker during games 3-4-5 in #STL during #WorldSeries. #STLStrong #GoCards #postseason from Springfield, MO. Putting my loft up for…
Earlier this month, we celebrated the blog’s 10 year anniversary. In preparation for the anniversary, my RA Addam suggested making a video to help celebrate. After all, we don’t normally generate video content, so I thought it might be fun…
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…
I try to blog every Section 230 case I see. However, over the past year and a half, I’ve collected a few Section 230 cases that I had hoped to blog but that fell through the cracks for one reason…
Brannon Crowe injured his knee. He says it happened at work, so he sued his employer. Based on a Facebook message Crowe allegedly sent to a friend, his employer thinks Crowe suffered the injury on a personal fishing trip. The…