A Seismic Ruling Undone: California’s Sound Recording Copyright Statute Does Not Include Public Performance Rights—Flo & Eddie v. Sirius XM (Guest Blog Post)
By Guest Blogger Tyler Ochoa Last week, the U.S. Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2), which grants “exclusive ownership” of a sound…
Announcing the 2021 Edition of My Internet Law Casebook
…& Abuse Act, 18 U.S.C. §1030 [http://www.law.cornell.edu/uscode/text/18/1030], and California Penal Code §502 [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=502.&lawCode=PEN] Comparison of Trespass to Chattels Doctrines Intel v. Hamidi (Cal. Sup. Ct.) Register.com v. Verio (Trespass to…
Should We Adopt a Notice-and-Takedown Scheme for Deepfakes and Other Inauthentic Media?
…of ‘public issue or public interest.’… Plaintiff has failed to carry her burden establishing that there is a probability of success on the merits on her claim under Civil Code…
1H 2021 Quick Links, Part 2 (Section 230 and More)
…concern about ads containing the term “amber alert.” Ferrer acknowledged that the term might be “some kind of bizarre new code word for an underaged person.” He then instructed Backpage…
Court Rejects Lawsuit Alleging YouTube Engaged in Racially Biased Content Moderation–Newman v. Google
…Code § 17200, et seq. (“UCL”); (12) violation of Article I, Section 2 of the California Constitution; and (13) violation of the First Amendment of the United States Constitution.” The…
Print Ad’s “Terms and Conditions” Don’t Create Binding Arbitration Clause–Soliman v. Subway
…consumer would be agreeing to those terms if she sent a text message to Subway’s short code, nor did it otherwise direct the consumer to such terms; (4) access to…
Do We Even Need the Computer Fraud & Abuse Act (CFAA)?–Van Buren v. US
…only technological gates. Yet, in FN8, Justice Barrett makes it clear that’s NOT what she’s saying: “we need not address whether this inquiry turns only on technological (or ‘code-based’) limitations…
New York’s New Post-Mortem Right of Publicity Law Comes Into Effect, Part 2 (Guest Blog Post)
…to California’s post-mortem right of publicity statute, Civil Code § 3344.1(a)(1), so it will not be surprising if the New York courts turn to California case law when interpreting it….
New York’s New Post-Mortem Right of Publicity Law Comes Into Effect, Part 1 (Guest Blog Post)
…Cal. Civ. Code § 3344.1) and Tennessee also enacted a statutory post-mortem right of publicity (Tenn. Code § 47-25-1105). Suddenly, the strategic positions of the parties were reversed: plaintiffs with…
CCPA Data Breach Lawsuit Against Walmart Fails–Gardiner v. Walmart
…date plus the three digit code. He also argues that the fact that his information is being sold on the dark web means that it would be the type of…