Rehearing Briefs in Enigma Software v. Malwarebytes

Rehearing Briefs in Enigma Software v. Malwarebytes

In September, in Enigma v. Malwarebytes, the Ninth Circuit issued a troubling Section 230(c)(2)(B) ruling that allowed plaintiffs’ allegations of anti-competitive animus to override the safe harbor for anti-threat software vendors. It was a 2-1 ruling on a key topic,…

More Evidence That IP Law Protects Individual Emoji Depictions--Nirvana v. Marc Jacobs

More Evidence That IP Law Protects Individual Emoji Depictions–Nirvana v. Marc Jacobs

This case involves the well-known “Nirvana Happy Face” drawn by Kurt Cobain in 1991 and registered in 1993. Marc Jacobs launched a “Bootleg Redux Grunge” clothing line (really??? who buys this shit?) that included an homage to the Nirvana Happy…

Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit--Doe v. Salesforce

Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v. Salesforce

Salesforce provided SaaS services to Backpage. On that basis, the plaintiffs sought to hold Salesforce liable for any Backpage-caused sex trafficking victimization. This represents an attempt (possibly unprecedented) to impose tertiary liability for sex trafficking. The advertisers, such as pimps,…

Strike 3’s Copyright Litigation Campaign Completely Strikes Out

Another judge denies an unmasking subpoena to Strike 3, even though the judge has previously issued subpoenas to Strike 3, and even though it may mean that Strike 3’s infringement case will fail and Strike 3 will be left without…

State Court Rejects Prager University's Lawsuit Against YouTube

State Court Rejects Prager University’s Lawsuit Against YouTube

Prager University publishes videos on YouTube. YouTube demonetized some of its videos and placed some in “restricted mode,” meaning that users of YouTube’s restricted mode functionality won’t see them. Prager claimed that YouTube took these steps due to anti-conservative bias,…