IP Lawsuits Against Print-on-Demand Vendors Continue to Vex the Courts--OSU v. Redbubble & More

IP Lawsuits Against Print-on-Demand Vendors Continue to Vex the Courts–OSU v. Redbubble & More

[This post covers three recent print-on-demand cases. After the Ohio State writeup, keep reading for more fun and confusion.] Redbubble operates in the print-on-demand industry, but it’s adopted a different organizational structure than some of its competitors. Redbubble outsources manufacturing…

Data Breach Plaintiff Doesn't Have Standing in the Absence of Fraud or Identity Theft--Tsao v. Captiva

Data Breach Plaintiff Doesn’t Have Standing in the Absence of Fraud or Identity Theft–Tsao v. Captiva

This is a data breach lawsuit. Plaintiff was a patron of a restaurant (PDQ) that suffered a breach that compromised credit card payment information. The breach occurred because a hacker gained access to customer data through “an outside vendor’s remote…

Ninth Circuit Sends Alexa Surreptitious Recording Case to Arbitration--Tice v. Amazon

Ninth Circuit Sends Alexa Surreptitious Recording Case to Arbitration–Tice v. Amazon

Lawsuits over voice-activated assistants (and other smart home devices) are interesting. Plaintiffs have been creative about who asserts the claims to navigate around the issue that often sinks class actions: arbitration. This has resulted in claims brought by neighbors, spouses,…

Roundup of Some Influential 1990s Internet Law Articles

Roundup of Some Influential 1990s Internet Law Articles

Section 230’s 25th anniversary sent me on a nostalgia kick, which prompted me to revisit some articles that influenced me when I first started thinking about Internet Law (I graduated grad school in 1994). Due to their age, many of…

Doctor Can't Win Default Judgment Over Patient's Yelp Review--Mirza v. Amar

Doctor Can’t Win Default Judgment Over Patient’s Yelp Review–Mirza v. Amar

This is another entry in my decade-long coverage of doctors suing patients for online reviews. The plaintiff is a Botox provider. The defendant-patient wrote a critical review on Yelp. The doctor sued the patient for defamation and related claims. The…

Congressional Jawboning of Internet Services Isn't Actionable--AAPS v. Schiff

Congressional Jawboning of Internet Services Isn’t Actionable–AAPS v. Schiff

Members of Congress often send letters to various industry participants complaining about marketplace phenomena. Sometimes these letters demand additional information; other times, the letters just express opprobrium. All of these letters are backed by a coercive threat that the Congressmember…

An Account Suspension Case Fails Again–Perez v. LinkedIn

Perez sued LinkedIn for suspending his account. In October, a court in Southern District of Texas dismissed the complaint because LinkedIn isn’t a state actor. The court gave Perez the opportunity to refile in the Northern District of California, which…

Section 230 Applies to Articles by Huffington Post Contributors--Page v. Oath

Section 230 Applies to Articles by Huffington Post Contributors–Page v. Oath

The plaintiff is Dr. Carter Page, who gained notoriety from his alleged role in Trump’s interactions with Russia, including multiple references in the Steele dossier. In 2017, he sued Oath (as owner of Yahoo and Huffington Post) for defamation over…

Section 230 Protects App Store from Liability for Apps With Loot Boxes--Coffee v. Google

Section 230 Protects App Store from Liability for Apps With Loot Boxes–Coffee v. Google

Many video games have loot boxes, where players can exchange valuable consideration (like in-game currency purchased for cash) for a chance to win something really valuable to gameplay. Because loot boxes may involve chance, consideration, and prizes, loot boxes may…

Internet Law Year-in-Review for 2020

Internet Law Year-in-Review for 2020

[I know 2020 feels like it was 100 years ago, but I’ve been busy in 2021 so far. I did year-end roundups of developments in Section 230 and emoji law.] My top Internet Law developments from 2020: 8. TSPA/TSF Launch….