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…
Deconstructing Justice Thomas’ Pro-Censorship Statement in Knight First Amendment v. Trump
…used mobile operating system in the world. And if companies may now freely copy libraries of declaring code whenever it is more convenient than writing their own, others will likely…
U.S. Supreme Court Upholds Fair Use in Google-Oracle Software Battle (Guest Blog Post)
…task ‘max’ or to place it in a class called ‘Math’).” (Slip. op. at 21) The Java API consists of both declaring code and implementing code. “The declaring code both…
Snapchat Photos Don’t Constitute “Virtual” Physical Presence–People v. White
…notifications for screenshotting). The state prosecuted the defendant for sexual exploitation of a child (Illinois Criminal Code Sec. 11-9.1(a)) on the theory that the defendant exposed herself in a child’s…
New Article: “Content Moderation Remedies”
…bleak realities). Ideally, this paper would help regulators realize why they should not hard-code removal as the sole remedy for online problems; and perhaps the paper could spur fresh thinking…
Social Media Ownership Disputes, Part I: the Satanic Temple of Washington Can’t Get Its Facebook Pages Back
…finds them all deficient and grants the ex-members’ motion to dismiss (with leave to amend). CFAA: The CFAA claim is premised on defendants’ violation of the organization’s “Code of Conduct”…