Reaction Videos Are Fair Use–Thiccc Boy v. Swindelles
Thiccc Boy produces The Fighter & the Kid podcast, led by Brendan Schaub (the titular “fighter”). Swindelles (a/k/a Yew Neek Ness…uniqueness, get it?) broadcast at SaiyanZStream on YouTube (the stream…
Internet Access Providers Can Be Contributorily Liable for Subscribers’ Infringements–Sony Music v. Cox
As I’ve previously written, for many years after the DMCA passed, everyone assumed that 17 USC 512(a) completely shielded Internet access providers from liability for subscribers’ copyright infringements. Then, about…
Snapchat Isn’t Liable for Offline Sexual Abuse–VV v. Meta
According to the complaint, a 12-year-old girl made a Snapchat account, connected with sexual predators on Snapchat, met them offline, and was sexually abused. She sued Snapchat for her harms….
Judge Reconsiders SAD Scheme Ruling Against Online Marketplaces–Squishmallows v. Alibaba
You may have heard about Squishmallow’s recent lawsuit against Build-a-Bear over plushy knockoffs. While that’s interesting, I’m focused on Squishmallow’s abuse of the SAD Scheme. I previously blogged about one…
Another Court Finds an “Enforceable Browsewrap.” MAKE IT STOP–Hawkins v. CMG
This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. The named…
Ninth Circuit Enforces a “Browsewrap” (That Was Actually a Clickthrough)–Patrick v. Running Warehouse
This is a data breach case. Several e-commerce sites were hit, first by hackers and then by plaintiffs’ lawyers. The sites invoked their TOSes to send the data breach cases…
The European Union’s Digital Services Act: In Force from This Saturday, February 17, 2024, Including for U.S. Intermediaries (Guest Blog Post)
by guest blogger Prof. Marketa Trimble [Eric’s introductory note: I briefly addressed the DSA in this blog post, along with the attached meme. Otherwise, I generally try to avoid the…
Boat Rental Marketplace Defeats Lawsuit Over Offline Boating Accident–In re Chaves
A rare case analyzing Section 230’s intersection with admiralty law. 🚢 The case involves GetMyBoat, an online marketplace for boat rentals. Listings are free, but GetMyBoat takes a cut of…
Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR
Larry Philpot is a repeat copyright plaintiff. We’ve blogged some of his cases before (1, 2), including the lower court ruling in this case. In 2016, the defendant IJR published…
Retweeting as Copyright Infringement–Prepared Food Photos v. Chicken Joe’s
…citing possibly deprecated law from Goldman v. Breitbart, the court says that “reposting” on “social media” is enough to find copyright infringement in a default judgment. Crazy. With respect to…