Grindr Defeats FOSTA Claim–Doe v. Grindr
This case (like many I’m covering nowadays) involves heartbreaking facts, but from a legal standpoint, it was never meritorious. Doe created a Grindr account at age 15 (Doe claimed he…
2023 Quick Links: IP, Keyword Ads
* For over a decade, I’ve implored people to stop using the term “Soft IP.” Amanda Levendowski now provides another reason: the term has problematic gender implications. * After II…
2023 Quick Links: Section 230
[My Quick Links publication process is broken. Once-a-year postings aren’t very useful LOL.] * Palmer v. Savoy, 2021 N.C. Super. LEXIS 236 (N.C. Superior Ct. July 28, 2021). Snap qualified…
Many Fifth Circuit Judges Hope to Eviscerate Section 230–Doe v. Snap
I previously covered the district court ruling in this case. I summarized: A high school teacher allegedly used Snapchat to groom a sophomore student for a sexual relationship. (Atypically, the…
Twitter Defeats FOSTA Case Over CSAM–Doe v. Twitter
This is a FOSTA case. All FOSTA cases are very complicated. (Indeed, almost all of the opinion is spent explaining the background). If you’re new to FOSTA cases and you…
Advertiser Can’t Force Facebook to Run Sex Product Ads–Strachan v. Facebook
Strachan created various Facebook pages and an advertising account. “In April 2020, Facebook cancelled Strachan’s advertising account and removed his advertising content from the platform.” Allegedly, Facebook “determined he was…
Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)
…major circuit-court opinion that established what we now understand to be the law for the enforceability of an online “browsewrap” (insert Eric’s snark and anger emojis here) contract, failing to…
SAD Scheme Cases Are Always Troubling–Betty’s Best v. Schedule A Defendants 😠
Every SAD Scheme lawsuit is problematic, though the specific reasons may differ. Each lawsuit creates dozens or hundreds of individual dramas, few of which receive any public scrutiny, and usually…
Hot Take on the Wavy Baby Decision (Guest Blog Post)
by guest blogger Christine Haight Farley Because it is grading season, when I read the Second Circuit’s per curiam decision in Vans, Inc. v. MSCHF Prod. Studio, Inc., 2023 U.S….
Section 230 Helps Amazon Defeat False Advertising Lawsuit Over Printer Ink Cartridges–Planet Green v. Amazon
…ever neutral, I don’t know if neutral actions are the same as neutral tools, I don’t know what generic actions are, and the Roommates.com never mentioned generic tools (or actions)….