Plaintiff Can't Use Trump's Anti-Section 230 EO to Sue Facebook--Gomez v. Zuckenberg

Plaintiff Can’t Use Trump’s Anti-Section 230 EO to Sue Facebook–Gomez v. Zuckenberg

This pro se/in pro per plaintiff sued Facebook because he couldn’t log into his account or open a new one. The plaintiff claimed Facebook violated Trump’s anti-Section 230 executive order, EO 13295, Preventing Online Censorship, 85 Fed. Reg. 34079 (May…

Section 230 Doesn't Protect Repeating Rumors--La Liberte v. Reid

Section 230 Doesn’t Protect Repeating Rumors–La Liberte v. Reid

La Liberte spoke at a city council meeting. A photo of her speaking went viral because a “social media activist” posted the photo with a caption that she said racist things about a minority teenager in the photo. That turned…

Geotagged Social Media Posts Didn't Support Personal Jurisdiction--Court of Master Sommeliers v. Pilkey

Geotagged Social Media Posts Didn’t Support Personal Jurisdiction–Court of Master Sommeliers v. Pilkey

The plaintiff runs certification programs for beverage experts. The highest certification is “master sommelier,” earned normally only by less than 10 people a year. In Sept. 2018, a record 24 candidates earned the certification. It turns out an insider leaked…

Comments on the “Platform Accountability and Consumer Transparency Act” (the “PACT Act”)

Last month, Sens. Schatz and Thune introduced S. 4066, “Platform Accountability and Consumer Transparency Act” (the “PACT Act”). The bill was pitched as a narrow and modest bipartisan reform of Section 230; and Daphne Keller of Stanford labeled the bill…

Repeated Amazon Purchases Sufficient to Impute Notice of Arbitration Clause

Repeated Amazon Purchases Sufficient to Impute Notice of Arbitration Clause

We blogged Nicosia v. Amazon in 2015 and 2016. (See “The “Browsewrap”/”Clickwrap” Distinction Is Falling Apart”; “Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post).”) A recent Second Circuit ruling in favor of Amazon, while unpublished,…

Instagram User's Lawsuit Over Terminated Account Gets Revived (But Not For Long)--Teatotaller v. Facebook

Instagram User’s Lawsuit Over Terminated Account Gets Revived (But Not For Long)–Teatotaller v. Facebook

The plaintiff, a “queer hipster oasis” tea/coffee shop in Somersworth, NH, claims Instagram terminated its account without notice. It sued Instagram in small claims court for $9,999 and account restoration. There must be dozens or hundreds of similar lawsuits against…

Print-on-Demand Vendor Doesn’t Qualify for DMCA Safe Harbor–Feingold v. RageOn

This case involves two copyright-protected photos that users submitted to the RageOn print-on-demand service. Among other defenses, RageOn invoked the DMCA safe harbor. The Greg Young v. Zazzle case held that Zazzle qualified for the 512(c) safe harbor for displaying…

Local Craigslist Ads Are Part of Interstate Commerce--US v. Luong

Local Craigslist Ads Are Part of Interstate Commerce–US v. Luong

Luong advertised a used car on Craigslist’s San Francisco Bay Area site, in the “Dublin/Pleasanton/Livermore” subsection of the “East Bay” section. This area is sometimes called the Livermore Valley. From Livermore to the closest point in Nevada is about 200…

Why Are Pizzerias Arguing Whether Web Browsing Is Copyright Infringement?--Imapizza v. At Pizza

Why Are Pizzerias Arguing Whether Web Browsing Is Copyright Infringement?–Imapizza v. At Pizza

“&Pizza” runs an East Coast pizzeria chain. “@Pizza” runs a UK pizzeria chain. Let’s disregard that both brands are terrible (the & and @ symbols plus the generic term–UGH) and that @Pizza may not own its eponymous Twitter account (the…

Announcing the 2020 Edition of My Internet Law Casebook

Announcing the 2020 Edition of My Internet Law Casebook

I’m pleased to announce this year’s edition of my Internet Law casebook, Internet Law: Cases & Materials. It’s available as a PDF at Gumroad for $10, as a Kindle book for $9.99, and in hard copy at Amazon for $20. [Regarding the hard copy:…