The Circuitous International Travel of Your Data (Guest Blog Post)

by guest blogger Marketa Trimble Most Internet users probably do not know where their online data (aka “cloud data”) reside. Even fewer users likely have any idea of the paths over which their data travel. It is not difficult to picture…

A Significant Section 230 Defense Win in the Ninth Circuit--Dyroff v. Ultimate Software

A Significant Section 230 Defense Win in the Ninth Circuit–Dyroff v. Ultimate Software

This is an important Section 230 ruling from the Ninth Circuit. First, it decisively rejects several of the flavor-of-the-month theories plaintiffs have advanced to eviscerate Section 230. Second, the opinion resolves those theories efficiently and with little wasted motion. That…

Another Politician Unconstitutionally Censored Constituents on Twitter–Campbell v. Reisch

This case involves yet another politician, Missouri Representative Cheri Toalson Reisch (who formerly tweeted @CheriMO44 but the account is currently gone), who blocked constituents on Twitter. I previously blogged this case in February, when the court rejected Rep. Reisch’s motion…

Section 230 Doesn't Protect Print-on-Demand Vendor--Atari v. Sunfrog

Section 230 Doesn’t Protect Print-on-Demand Vendor–Atari v. Sunfrog

Atari sued a print-on-demand outfit, Sunfrog, for user-uploaded designs that are allegedly infringing. In addition to copyright and trademark claims, Atari asserted an unfair competition claim. Sunfrog defended that claim on Section 230 grounds. The court says no. At this…

Domain Name Registrar Isn’t Liable for Counterfeit Goods–InvenTel v. GoDaddy

InvenTel makes security cams for cars. It is trying to crack down on Chinese counterfeiters. It brought a prior lawsuit against a wide range of defendants, including GoDaddy. InvenTel voluntarily dismissed GoDaddy from that suit. It brought a second round…

Comments on Rep. Gosar's "Stop the Censorship Act," Another "Conservative" Attack on Section 230

Comments on Rep. Gosar’s “Stop the Censorship Act,” Another “Conservative” Attack on Section 230

At this point, many “conservatives” favor government regulation of the editorial practices of Internet companies. As a result, proposals coming from DC “conservatives” that reference “censorship” in their titles almost certainly are designed to embrace, not prevent, censorship. For example,…

New Jersey Attorney Ethics Opinion Blesses Competitive Keyword Advertising (…or Does It?)

In 2016, the Texas Bar issued an opinion decisively blessing competitive keyword advertising by lawyers. (Note: I define competitive keyword advertising as buying a rival’s name/brand as the trigger for ads without displaying the name/brand in the ad copy). At…

Another Competitive Keyword Advertising Lawsuit Fails--Dr. Greenberg v. Perfect Body Image

Another Competitive Keyword Advertising Lawsuit Fails–Dr. Greenberg v. Perfect Body Image

Dr. Stephen Greenberg is a plastic surgeon on Long Island. Perfect Body Image provides “non-surgical and non-invasive aesthetic services, including, among other things, laser treatments.” Perfect Body doesn’t have any doctors on staff. In addition to Stephen, at least two…

Copyright Protection for Banana Costumes Is, Uh, Bananas--Silvertop v. Kangaroo

Copyright Protection for Banana Costumes Is, Uh, Bananas–Silvertop v. Kangaroo

The Third Circuit has held that a banana costume qualified for copyright protection (the blog reference to the district court opinion). The plaintiff’s design is on the left. The defendants’ designs are in the middle and on the right. The…

Claim Over Takedown Notice Triggers Anti-SLAPP Law & a Fee Shift--Complex v. X17 [EDITED TO CORRECT A MAJOR ERROR]

Claim Over Takedown Notice Triggers Anti-SLAPP Law & a Fee Shift–Complex v. X17 [EDITED TO CORRECT A MAJOR ERROR]

*** CRITICAL UPDATE*** Ugh, I’m embarrassed to admit that I made a serious error in reading the opinion. I cannot edit the post to correct the error. The mistake infects the entire post and the main point. I’m leaving up…