D.C. Circuit Makes Geoblocking De Facto Mandatory for Copyright Law Purposes–Spanski v. TV Polska (Guest Blog Post)
…the U.S. Copyright Office. An important reason existed for SEI to register the U.S. copyrights: SEI planned to sue for copyright infringement (rather than for breach of contract pertaining to…
Plaintiff’s Location-Based Privacy Claim Against BART Reporting App Fails
…of anonymous clientid information is not an egregious breach of social norms. The court points to the fact that plaintiff was on notice that the app would have access to…
Search Engines Aren’t Liable for Indexing ‘Scam’ Locksmith Listings–Baldino’s Lock v. Google
…the same outcome. The court dismisses all of the claims on Section 230 grounds, except the contract breach claim, which is dismissed on its elements. Section 230. The court says…
Facebook Defeats Lawsuit Over Tracking Logged-Out Users–In re Facebook Internet Tracking
…the court previously rejected those. In the latest ruling, the court dismisses Plaintiffs’ claims based on breach of contract and breach of the duty of good faith. Plaintiffs argued that…
Global Content Removals Based on Local Legal Violations (Internet Law Casebook Excerpt)
…find Datalink’s websites even if those websites were de-indexed on google.ca. Google would still be facilitating Datalink’s breach of the court’s order which had prohibited it from carrying on business…
On Remand, Ninth Circuit Says Robins Satisfied Article III Standing
…Fails For Lack of Standing Seventh Circuit: Data Breach Victims Have Standing Based on Future Harm Android and Pandora Privacy Rulings Accept Low Hurdle for Standing 9th Circuit Says Plaintiff…
Facebook Defeats Lawsuit Over Failure to Remove User Pages–Cross v. Facebook
…Section 230 preempts the breach of contract, negligent misrepresentation, and negligent interference claims. The plaintiffs once again tried to argue that they were suing based on Facebook’s removal promises (including,…
1H 2017 Quick Links, Part 2 (Privacy, Security)
…2017 PA Super 8 (Pa. Superior Ct. Jan. 12, 2017): While a data breach (and its ensuing harm) is generally foreseeable, we do not believe that this possibility outweighs the…
1H 2017 Quick Links, Part 1 (Trademarks, Keyword Ads)
…Billy to Poäng Keyword Advertising * American Cruise Lines, Inc v. HMS American Queen Steamboat Co. LLC, 2016 WL 7410781 (D. Del. Dec. 22, 2016): Defendants’ allegation that Plaintiff used…
Facebook Persistent Tracking Lawsuit Crashes Again
…are too vague: they fail to point to the specific terms they allege Facebook breached. The court also says that a breach of the duty of good faith has to…