Initial Comments on the Supreme Court’s TikTok Ban Opinion–TikTok v. Garland
[A much longer post is forthcoming. A few initial remarks] [Update: the longer post is live, and it includes these remarks and 4,000 other words. I recommend you read that…
Another N.D. Ill. Judge Balks at SAD Scheme Joinder–Zaful v. Schedule A Defendants
Zaful is an online retailer with a trademark that seemingly rhymes with…awful? It claims copyright in 1,800+ product shot photos and says TEMU merchants are infringing those product shots in…
Comments on the Free Speech Coalition v. Paxton SCOTUS Oral Arguments on Mandatory Online Age “Verification”
Today, the Supreme Court heard oral arguments in Free Speech Coalition v. Paxton, regarding a Texas law that requires adult-oriented websites to age-authenticate all users–minors and adults alike–before they can…
512(c) Helps Vimeo Defeat the Record Labels. It Only Took 15 Years–Capitol v. Vimeo
This case is a throwback in every way. We rarely see lengthy (this one clocks in at 46 pages), detailed, and philosophical Section 512(c) opinions any more, and we only…
Catching Up on the Heavyweight Scraping Battle Between X and Bright Data (Guest Blog Post)
…a host of new legal claims. [FN from Eric: per the Isaacson biography, in a poker game, Musk went all-in on every poker hand until he eventually won]. On November…
Court Denies Preliminary Injunction Against Minnesota’s Anti-“Deepfakes” Law–Kohls v. Ellison
“Minnesota Statutes section 609.771 prohibits, under certain circumstances, the dissemination of ‘deepfakes’ with the intent to injure a political candidate or influence the result of an election.” The plaintiffs brought…
Copyright Battles Over City Council Videos
As the maxim goes, all politics are local. A corollary is that few political disputes are as nasty or vitrolic as local politics. When local disputes devolve into total warfare,…
2024 Internet Law Year-in-Review
My ranking of the top 10 Internet Law developments of 2024. 10) X/Twitter Embraces Partisan Bias. For years, MAGA has claimed that Internet company employees are liberals and therefore surely…
California’s “Protecting Our Kids from Social Media Addiction Act” Is Partially Unconstitutional…But Other Parts Are Green-Lighted–NetChoice v. Bonta
California SB 976, “Protecting Our Kids from Social Media Addiction Act,” is one of the multitudinous laws that pretextually claim to protect kids online. Like many such laws nowadays, it’s…
The “Winning Isn’t Normal” Copyright Enforcement Campaign Is More “Abusive” Than “Winning”–Bell v. Kiffin
…after the Fifth Circuit had issued its opinion in Eagle Mountain. [Eric’s Note: Mississippi is a Fifth Circuit jurisdiction, so the Fifth Circuit’s Eagle Mountain ruling is binding precedent on…