Another Example of How “Notice and Explanations” Requirements are a Liability Trap–Shared v. Facebook
Shared.com is a content producer. It ran Facebook self-service ads and participated in Facebook’s “instant articles” program that let Facebook embed ads in its content in exchange for a revenue…
Photo Licensing Service Qualifies for DMCA Online Safe Harbor–Steinmetz v. ShutterStock
This is a 512(c) online copyright safe harbor case. We rarely see opinions like this any more. In 2022, I’ve blogged just one other 512(c) case (Davis v. Pinterest). (Business…
A 3 Month Check-In on the Copyright Claims Board (CCB)
On September 19, I gathered some CCB stats. This was 95 days after launch. 155 claims had been filed as of that date. (Today, the number is 157). That implies…
The 5th Circuit Puts the 1st Amendment in a Blender & Whips Up a Terrible #MAGA Kool-Aid–NetChoice v. Paxton
…Hamburger et al Texas’ Opposition Amicus Briefs in Support of NetChoice/CCIA Cato CDT et al Chamber of Progress et al Chris Cox Copia Institute Eric Goldman. My blog post. RCFP…
Comments on Adobe’s 2022 Emoji Usage Trends Survey
[The Internet you know and love is on life support after an awful NetChoice v. Paxton Fifth Circuit opinion and the enactment of two California laws, AB 2273 and AB…
Five Ways That the California Age-Appropriate Design Code (AADC/AB 2273) Is Radical Policy
When a proposed new law is sold as “protecting kids online,” regulators and commenters often accept the sponsors’ claims uncritically (because…kids). This is unfortunate because those bills can harbor ill-advised…
Some Memes About California’s Age-Appropriate Design Code (AB 2273)
Today, I’m continuing my coverage of CA AADC (AB 2273) with a few memes on the subject: * * * * * * * * * My caption: “CAPTCHA vendors…
Reminder: the First Amendment Governs Content Moderation by the Government–PETA v. Banks
Texas A&M (TAMU) does medical experiments on dogs. PETA objects to these experiments and commented on TAMU’s social media pages. TAMU blocked PETA, which led to a prior lawsuit that…
Amending Your TOS? Better Use a Clickthrough Process, Not Email Notice–Alkutkar v. Bumble
Alkutkar used the dating app Bumble. He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising….
Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia
Troia was a LoanStreet employee. He was allegedly fired for cause. Troia posted disparaging comments about LoanStreet at Glassdoor.com, Reddit.com, and Teamblind.com. He then worked to boost the posts’ visibility,…