The Spectacular Failure of Employee Social Media Privacy Laws
[Eric’s introductory note: this post has been sitting in the drafts folder since October. I had planned to convert it into a Forbes post, but that ambition instead caused the post to fester for 7 months. Numerous new state laws…
Want To Scrub Google Search Results In The US? Tough–O’Kroley v. Fastcase
I’m choosing to live in a parallel universe where the ECJ’s Google scrub-search-results ruling simply doesn’t exist. I know it’s a fantasy world, but I’m happier there. Fortunately, here in the US, the ECJ ruling couldn’t happen. The First Amendment…
Hulu Unable to Shake Video Privacy Protection Act Claims
Plaintiffs were Hulu Plus subscribers who alleged that Hulu improperly disclosed their personal information to third parties (comScore and Facebook) in violation of the Video Privacy Protection Act. On Hulu’s motion for summary judgment, the court grants it as to…
College Review Website Ordered To Pay $1M For Users’ Disparaging Reviews–Neumont University v. Little Bizzy
Before the headline freaks you out too much, let me highlight the most important fact: this is a default ruling. The defendant was a company but it says it couldn’t find cost-effective counsel, so the company’s principal tried to defend…
Disclosing Unique User IDs In URLs Doesn’t Violate ECPA–In re Zynga/Facebook
In separate lawsuits, plaintiffs alleged Facebook and Zynga violated the Stored Communications Act (in Zynga’s case, also the Wiretap Act). The crux of plaintiffs’ allegations was that when a Facebook user clicked on an ad or a link, the HTTP…
Facebook Post Isn’t Good Reason To Remove Attorney From Probate Court Case Assignment List
Butler is an attorney licensed in Michigan. She enrolled on the list to receive case assignments from Washtenaw County Probate Court. While she was on the list and receiving assignments, she made a post to Facebook regarding the performance of…
Grieving Parents Can’t Sue Topix Website For Son’s Oxy Overdose (Forbes Cross-Post)
Andrew Witkoff wanted to buy the prescription pain-killer drug Oxycodone (a/k/a OxyContin, commonly called Oxy). He found Daniel Park on the Topix online message board. Andrew purchased Oxy from Park and fatally overdosed on the drug. Andrew’s parents sued Park…
Fair Use Protects Video Republication To Demonstrate Speaker’s Inconsistent Statements–Caner v. Autry
As recounted by the court’s order, Caner was raised in Ohio. His father was a devout Muslim. After his parents divorced, Caner “spent weekend visitation at the mosque in Columbus, Ohio.” At some point, Caner started attending a church and…
Don’t Roll The Dice On Defamation Suits Against Gripe Sites, Especially In California–Ocean’s Eleven v. Anders
This case involves the now defunct website www.oceans11.info. There’s one archival version in Archive.org from 2012, though I found it confusing. The website was a gripe site created by Tim Anders (a/k/a “Dr. Hope“), a professional poker player. Anders protested…
IP Expert Brian Love to Become Co-Director of SCU Law’s High Tech Law Institute (Cross-Post)
[Apologies for cross-posting this press release, but it’s topical.] SANTA CLARA, Calif., May 19, 2014 — Santa Clara University School of Law Assistant Professor Brian Love has been named co-director of the university’s highly regarded High Tech Law Institute. Love joined the…