Call for Papers/Participation: 7th Annual Internet Law Works-in-Progress, SCU, March 4, 2017
We invite your participation in the Seventh Annual Internet Law Works-in-Progress conference at Santa Clara University School of Law, March 4, 2017. The conference series is co-sponsored by the High Tech Law Institute at Santa Clara University School of Law…
Some Comments on the CA/TX Attorneys’ General Prosecution of Backpage’s Executives
By now I’m sure you’ve heard that California Attorney General Kamala Harris is prosecuting three Backpage executives for pimping/conspiracy to pimp. This is the latest–and perhaps last–development in a decade-long effort by legislators, state AGs and local prosecutors to shut…
Ad Network Defeats Secondary Copyright Claims–ALS Scan v. JuicyAds
The plaintiff is this case is well-known pornographer/litigator ALS Scan. Today’s case involves an ad network, Tiger Media, which runs the JuicyAds network catering to pornography websites. ALS Scan’s real targets are alleged “pirate Internet sites” with names like imghili.net;…
An Interesting Online Personal Jurisdiction Ruling (No, Really!)–Rotblut v. Terrapinn
Yes, I know “interesting personal jurisdiction case” is an oxymoron, but hear me out. Jef Rotblut worked at UBO (he has apparently since changed employers) and claimed he “had an ‘excellent reputation and recognized expertise at developing risk[-]averse trading systems…
Spokeo Wipes Out FCRA Lawsuit Over “Improper” Mandatory Disclosures–Nokchan v. Lyft
As you recall, both the plaintiffs’ bar and defense bar declared that the Supreme Court’s Spokeo v. Robins ruling was a win for their side. Optimists might interpret that as a sign the Supreme Court found a magical win-win solution;…
Federal Court Rejects Online Gambling Lawsuit Against Valve–McLeod v. Valve
This lawsuit alleged that Valve “allowed an illegal online gambling market” based on its videogame Counter Strike Global Offensive (CSGO) and its Steam platform, an online marketplace where players can buy and sell virtual items and make payments. This lawsuit…
Overly Broad Arbitration Clause Fails–Wexler v. AT&T
Plaintiff signed up for wireless service from AT&T Mobility. The operative agreement contained an arbitration clause that covered: 1) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud,…
Federal Court Authorizes Service of Process via Twitter
Federal courts have long authorized service via email under Rule 4(f) for foreign defendants. The rule says that an individual in a foreign country can be served by (1) internationally agreed upon means such as the Hague Convention; (2) if…
Does the FTC Get a Free Pass From Section 230?–FTC v. LeadClick
I’ve often joked that the FTC and state AGs choose to live in a fantasy world where Section 230 doesn’t exist. A new ruling from the Second Circuit has turned my joke on its ear, suggesting that my underlying fears–of…
Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. BagSpot
It’s a highlight of my day to read an opinion that starts out: the litigants “are competitors in the dog waste disposal industry.” Blogging can be a crappy gig, but someone’s gotta do it. The litigants have competing offerings that…