by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. Many people think this is true. But not enough lawyers say it often enough….
I continue to maintain my census of U.S. cases referencing emojis or emoticons. In 2023, I logged 225 such cases (this number will grow a bit due to lags with the electronic databases). The case count continues to grow exponentially….
N.D. Cal. Judge Pushes Back on Copyright SAD Scheme Cases–Viral DRM v. YouTube Schedule A Defendants
My SAD Scheme paper provided some data indicating that 88% of SAD Scheme cases involved trademarks, with only 6% each in copyright and patents. So SAD Scheme copyright cases aren’t unheard of, but they are rare. * * * A…
I previously described this pro se lawsuit: “Elansari is Muslim. In this lawsuit, he claims that Facebook blocks pro-Palestinian publishers and favors pro-Israeli publishers. Thus, he argues, Jewish readers are more likely to get the information they want from Facebook…
My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. Then, in Liapes v. Facebook, a California appeals court…
This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement…
Facebook * Meta Platforms, Inc. v. District of Columbia, 2023 WL 5964764 (D.C. Ct. App. Sept. 14, 2023). This is the latest ruling in an investigation by DC Attorney General into Meta’s content moderation practices, especially regarding COVID-19 policies. “The…
The court summarizes the allegations: Plaintiff Genevieve Mahoney is a college student at Furman University who has an Instagram account with the username @genmahoney19. Mahoney attended what she describes as a “Rally” to protest the results of the 2020 United…
Age Authentication * Axios: “Tech platforms struggle to verify their users’ age.” The article didn’t mention that mandatory online age authentication is also unconstitutional. * Guardian: Australia will not force adult websites to bring in age verification due to privacy…
This case is an old-school turn-of-the-century throwback (and not the good kind). Google’s search app framed the web pages users visit, and the frame included ads. Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the…