Lock Manufacturer Onity Had Only One Job, But Isn’t Liable For Failing To Do It Well (Forbes Cross-Post)
Let’s start with two non-controversial propositions: (1) no lock offers perfect security, and (2) any lock that can be defeated by a “stupidly simple” method is functionally worthless. But can a buyer of a functionally worthless lock recover in court?…
Court Denies AFP/Getty Bid to Set Aside Morel Copyright Verdict
The dust is settling on AFP v. Morel, and the wreckage that emerges isn’t pretty. Following trial, a jury awarded Morel $1,503,889.77 in actual and statutory damages for infringement. The jury also found that defendants violated Morel’s rights under the…
Blogspot Gets Section 230 Win In 11th Circuit–Dowbenko v. Google
Another Section 230 case with a pro se plaintiff. Dowbenko claimed that that the “Encyclopedia of American Loons” website, located at http://americanloons.blogspot.com, contained a copyrighted photo of him and defamed him. The court says: Mr. Dowbenko’s defamation claim is preempted…
Section 230 Applies to Amazon Book Reviews–Joseph v. Amazon
As I’ve recently mentioned, many recent Section 230 rulings involve pro se plaintiffs because most lawyers have wizened up to Section 230’s immunity. In this case, Dr. Joseph, a pro se plaintiff, brings a long list of gripes about Amazon…
Lawsuit Against Google Over In-App Purchases By Minors Squeaks Past Motion to Dismiss
This is a lawsuit against Google over in-app purchases made by minor children, reminiscent of a similar lawsuit against Apple. Plaintiff on behalf of a putative class alleged that, among other things, Google allowed someone to make a purchase for…
Online Marketplaces Facilitating Gun Sales Don’t Kill People. People Kill People (Forbes Cross-Post)
We’re seeing increasing attempts to hold online marketplaces responsible for illegal user transactions on their site. A recent federal appellate ruling rejected one such lawsuit involving an online gun marketplace transaction that led to a murder. What Happened After his…
Judge Koh Dismisses the Bulk of the Yahoo Email Scanning Class Action
Plaintiffs are non-Yahoo email users who sent messages to Yahoo users. They allege that Yahoo’s email scans violate federal and state wiretapping laws and invade their privacy. ECPA: This claim alleges that Yahoo “intercepts” the emails. ECPA is subject to…
It’s Not Possible To Steal Facebook ‘Likes’–Mattocks v. BET
In 2008, Plaintiff Stacey Mattocks developed an (initially unofficial) Facebook page focusing on “The Game,” a television series initially aired on CW and later acquired by BET. In 2010, BET contacted Mattocks and hired her as a part-time worker, paying…
Primer on European Union’s Right To Be Forgotten (Excerpt from My Internet Law Casebook) + Bonus Linkwrap
I haven’t yet written about the ECJ Right to Be Forgotten ruling directly, though I’ve already referenced it on the blog a few times. The ruling itself came out during a business trip when I was tied up, so I…
New Copyright Office Compendium Discussion About Designating Sec. 512 Agents
The Copyright Office has released a pretty nifty document called the Compendium of U.S. Copyright Office Practices, Third Edition. The second edition was written 30 years ago, so it’s about time we got a new edition! I thought the document…