A Recap of My Recent Section 230 Papers

I’ve been actively writing about Section 230 recently, so I thought it might help to round them up into a single post: * An Overview of the United States’ Section 230 Internet Immunity (2019). This is the basic primer you’ve always wanted….

New Multi-Disciplinary Course Improves Communications Among Silicon Valley Professionals (SCU Press Release)

[Eric’s introduction: This project took several years to develop. I think it breaks some important pedagogical ground, so I’m thrilled to share this news.] SANTA CLARA, Calif., May 16, 2019 – This year, Santa Clara University launched an innovative new multi-disciplinary course…

Court Rejects Service of Process Via Amazon Messaging--Noco v. Chang

Court Rejects Service of Process Via Amazon Messaging–Noco v. Chang

This is a trademark infringement lawsuit. Plaintiff alleges that defendant improperly uses plaintiff’s brand name to sell infringing or counterfeit products “entirely online through [an] Amazon merchant account.” Defendant used the merchant account named “Co2Crea,” and defendant also applied to…

Terminated AdSense Publishers Can’t Get Their Accrued Earnings–eOnline v. Google

The plaintiffs are publishers that participated in the Google AdSense program. They outsourced much of their content development to a service called TextBroker that pays authors between 0.7 and 5 cents per word (i.e., a 1000 word article makes between…

A Fight for Authorship and Ownership of 150+ Quilt Patterns, and Bad Business Planning (Guest Blog Post)

A Fight for Authorship and Ownership of 150+ Quilt Patterns, and Bad Business Planning (Guest Blog Post)

by guest blogger Elizabeth Townsend Gard, Professor of Law (Tulane Law School); Lepage Faculty Fellow (A.B. Freeman School of Business); and host, Just Wanna Quilt podcast Quilts are a little bit in the (copyright) news.  What is a quilt?  There are three parts…

Section 230 Protects Facebook’s Account and Content Restriction Decisions–Ebeid v. Facebook

Courts, at least in the Ninth Circuit, have collapsed the distinction between Sections 230(c)(1) and 230(c)(2). As a result, (c)(1) now routinely protects a service’s content filtering and account restriction decisions, which is nominally the job of (c)(2). This is…

Using Third Party Trademarks as Hashtags Creates an Implied Association--Align v. Strauss (Guest Blog Post)

Using Third Party Trademarks as Hashtags Creates an Implied Association–Align v. Strauss (Guest Blog Post)

by guest blogger Alexandra Jane Roberts When does using a competitor’s trademark as a hashtag create a false impression of association? While plenty of cases have assessed whether a company’s use of competitors’ marks in its advertisements constitutes trademark infringement,…

Airbnb Gets Mixed Results in Challenge to Boston’s Anti-Airbnb Law–Airbnb v. Boston

Boston enacted a law against short-term housing rentals that included these provisions: (1) a $300/violation/day fine for booking illegal short-term rentals (the “penalties” provision), (2) a city-wide ban on booking agents that don’t honor notice-and-takedown or verify vendor licenses (the…

Wisconsin Supreme Court Fixes a Bad Section 230 Opinion—Daniel v. Armslist

Wisconsin Supreme Court Fixes a Bad Section 230 Opinion—Daniel v. Armslist

In 2018, the Wisconsin Court of Appeals issued a bizarre opinion suggesting that plaintiffs could avoid Section 230 by targeting the service’s design and operation. The authoring judge seemed confident that he had spotted a statutory interpretation flaw that hundreds…

New Essay: The Complicated Story of FOSTA and Section 230

New Essay: The Complicated Story of FOSTA and Section 230

I’m pleased to announce my essay, The Complicated Story of FOSTA and Section 230. This essay tries to simplify a very complicated set of topics and summarize it in a fairly short and readable piece. I hope this essay provides one-stop-shopping…