Two Common but Disingenuous Phrases About Section 230
[I initially planned to write up this analysis as a short academic essay. If you’re interested in working with me to adapt this blog post into an academic essay format,…
“Twitter Files” Don’t Help Revive Jawboning Case–Hart v. Facebook
I previously described this lawsuit: Both Facebook and Twitter restricted Hart’s account access due to various posts over COVID, masking, and other culture war issues. Hart sued them for violating…
More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Bye, Goff
This is another lawsuit between personal injury law firms over competitive keyword ads. The plaintiff is Nicolet Law, based in Hudson, Wisconsin with 14 offices in Wisconsin and Minnesota. The…
Section 230 Immunizes Bing’s Search Results–White v. Microsoft
This lawsuit relates to an episode of the TV show Evil Lives Here called “I Invited Him In,” which discusses an NY serial killer named Nathaniel White. A different Nathaniel…
Twitter Account Suspension Lawsuits Keep Failing–Hall v. Twitter
This case involves a Twitter account held by Daniel Hall, who also used the aliases “Senza Vergogna” and “Sensa Verogna.” [Note: I believe those aliases reference an Italian movie about…
Privacy Law Is Devouring Internet Law (and Other Doctrines)…To Everyone’s Detriment
What does “privacy” mean? It’s a simple question that lacks a single answer, even from privacy experts. Without a universally shared definition of privacy, scholars have instead attempted to “define”…
Another Jawboning Case Fails in the Ninth Circuit–Kennedy v. Warren
This case involves a book called “The Truth About COVID-19: Exposing the Great Reset, Lockdowns, Vaccine Passports, and the New Normal,” which includes a foreword from Robert F. Kennedy Jr….
DMCA 512(c) Safe Harbor Doesn’t Apply to Photo Embedding–Great Bowery v. Best Little Sites
This case involves Annie Leibovitz photos, represented by licensing and enforcement agency Trunk Archive. Allegedly, users of comicbookmovie.com (CBM) embedded the Leibovitz photos into the site by linking to the…
The Ninth Circuit’s FOSTA Jurisprudence Is Getting Clearer (and More Defense-Favorable)
As you know, FOSTA was a poorly drafted statute with terrible policy outcomes. We’re still working through the first wave of litigation testing Congress’ poor handiwork. Last October, in Doe…
Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps
…because the takedown notices were submitted using generic submission forms, not DMCA-specific submission forms. This requires the court to make some painful contortions: although the takedown notices included a “512(f)…