The "EARN IT" Act Is Another Terrible Proposal to "Reform" Section 230

The “EARN IT” Act Is Another Terrible Proposal to “Reform” Section 230

Another “fix Section 230” bill is coming. This one is called the “Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2020” or “EARN IT Act of 2020” and it’s being led by Sens. Graham and Blumenthal. The EARN…

Top Moments from #WIPIP2020

Top Moments from #WIPIP2020

Earlier this month, the High Tech Law Institute at Santa Clara Law hosted over 90 intellectual property scholars from around the globe for WIPIP 2020. At the conference opening session, I outlined our three goals for WIPIP: Help authors improve…

Snapchat Temporarily Defeats Another Case Over Its Speed Filter--Lemmon v. Snap

Snapchat Temporarily Defeats Another Case Over Its Speed Filter–Lemmon v. Snap

Snapchat’s speed filter “allows users to record their real-life speed, including as a driver or passenger, and overlay that speed onto a mobile photo or video. Snapchat users can then share, on social media, that mobile photo or video with…

New Paper Explains How FOSTA Devastated Male Sex Workers

New Paper Explains How FOSTA Devastated Male Sex Workers

I call your attention to a new article: David Eichert (a JD/PhD student), “‘It Ruined My Life’: FOSTA, Male Escorts, and the Construction of Sexual Victimhood in American Politics,” 26 Virginia Journal of Social Policy & the Law 201 (Winter…

Can a Retweet Constitute Copyright Infringement? Uh....--Bell v. Chicago Cubs

Can a Retweet Constitute Copyright Infringement? Uh….–Bell v. Chicago Cubs

Bell authored a book called “Winning Isn’t Normal.” He got a copyright registration for the book and a separate registration for a 241 word passage from the book (I won’t include that passage here for reasons that soon will be…

Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)--Hughes v. Benjamin

Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin

Hughes is a YouTuber. She made a 10 minute video of Hillary Clinton’s election night party called “We Thought She Would Win” and posted it to her channel. Benjamin also is a YouTuber, but on the opposite end of the…

Google Search Qualifies For Section 230, Whether or Not It's a "Platform"--Chukwurah v. Google

Google Search Qualifies For Section 230, Whether or Not It’s a “Platform”–Chukwurah v. Google

This is a prisoner pro se lawsuit. “The Complaint avers that beginning February 28, 2014, Google identified Chukwurah as a ‘a triple murderer serving 50 years in a Maryland,’” allegedly because of false court documentation. The court explains: the Court,…

Can a "Fire" Emoji Support a Manslaughter Conviction?--Johnson v. State

Can a “Fire” Emoji Support a Manslaughter Conviction?–Johnson v. State

Johnson and Roe were drug users. They split a purchase of heroin, which turned out to contain fentanyl. Roe died from ingesting it. Johnson was charged with, among other things, involuntary manslaughter for providing the heroin to Roe. The court…

Nextdoor Post Isn't Protected by Anti-SLAPP Law--Jeppson v. Ley

Nextdoor Post Isn’t Protected by Anti-SLAPP Law–Jeppson v. Ley

Nextdoor is a social networking service for neighborhoods. This case involves an unspecified neighborhood, somewhere on the west side of the LA basin, with 951 neighbors. The underlying dispute involves a triad of neighbors, Jeppson, the Leys, and Cates. Ley’s…