Section 230 Applies to Consumer Reporting Agencies (But Only Sometimes)–Foley v. IRBsearch
[A reminder that I don’t do April Fools gags.] This lawsuit is against IRBsearch, a data aggregator of public records and other material allegedly scraped from the web. The plaintiffs…
Rounding Up Recent Copyright and AI Rulings
It’s been a busy two weeks for copyright and AI cases. Thaler v. Perlmutter, No. 23-5233 (D.C. Cir. March 18, 2025) This case involved the completely AI-generated work, “A Recent…
Are You Ready for MAGA to Weaponize Anti-Doxxing Statutes?–Watts v. Daily Kos
Wikipedia describes Anthony Watts as “a climate change denial blogger” who “opposes the scientific consensus on climate change.” The Daily Kos published an article about Watts, “Heartland Fundraising For Tony…
First Amendment Doesn’t Apply to Descriptions of Content Moderation Practices–Bride v. Snap
Last year, the Ninth Circuit said that plaintiffs could get around Section 230 in their lawsuit against the app maker YOLO because the app maker said it would ban users…
It’s Never the RICO–Loomer v. Zuckerberg
Loomer brought RICO claims against Facebook, Twitter, and Procter & Gamble, claiming they were all part of a “wide-ranging conspiracy…to unlawfully censor conservative voices and interfere with American elections.” The…
Blogiversary: How Information Consumption Habits Have Changed Over the Years (Part 9 of 10)
I’m continuing my coverage of my 20 year blogiversary. I asked readers how their information consumption practices had changed in the past 20 years. Some of their responses: __ “I’m…
Blogiversary: Guest Bloggers of the Technology & Marketing Law Blog (Part 8 of 10)
…my wife calls my blog the “blah…”] From Lisa Ramsey: I was honored when Eric Goldman first asked me to write a guest blog post about the Federal Circuit’s decision…
Amazon Isn’t Liable for Marketplace Items That Make False Claims–Planet Green v. Amazon
I previously summarized this lawsuit: The plaintiff sells remanufactured printer ink cartridges. The plaintiff claims that Amazon listings falsely claim that other merchants’ cartridges are “remanufactured” or “recycled.” For reasons…
Purchase First, TOS Presentation Second = TOS Fail–Seneca v. Homeaglow
This case involves the Homeaglow/Dazzle Cleaning services. The plaintiffs claim that purchasing the defendant’s initial loss leader offering caused the plaintiffs to subscribe to a hidden monthly recurring charge. Invoking…
California AG Abandons Key Parts of California’s Mandatory Editorial Transparency Law (AB 587)–X v. Bonta
As you may recall, the Ninth Circuit substantially gutted California’s mandatory editorial transparency law (AB 587). In the aftermath of that ruling, the California AG abandoned its defense of key…