Trump’s Must-Carry Lawsuit Against Twitter Moved to Twitter’s Home Court–Trump v. Twitter
…“Court does not find, nor do the Plaintiffs cite to, any section of the code that prevents a federal actor from accepting a forum selection clause.” It also says that…
If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google
…were physically altered in any way. Nor were Plaintiffs’ servers disrupted.” Instead, the adware bar’s display customization takes place solely on the user’s device, supplementing how the code renders on…
Texas Enacts Social Media Censorship Law to Benefit Anti-Vaxxers & Spammers
…computer code, obscene material, material depicting sexual conduct, or material that violates other law” This is coupled with a private right of action: the lesser of $10 per impeded email…
A Roundup of German Caselaw Regarding Emojis and Emoticons (Guest Blog Post)
…22 June 2016 (involving the monkey/bear face emoji depicted below); but it referred to them as “emoticons.” Also, as discussed below, the 3rd Criminal Division of the Federal Supreme Court…
FOSTA Claim Can Proceed Against Twitter–Doe v. Twitter
…the subject. We’ll be getting appellate court interpretations soon enough. Other Claims 18 U.S.C. §§ 2258A and 2258B. These provisions don’t have a private right of action. 18 U.S.C. §§…
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…