A Roundup of German Caselaw Regarding Emojis and Emoticons (Guest Blog Post)

A Roundup of German Caselaw Regarding Emojis and Emoticons (Guest Blog Post)

by guest blogger Dr. Matthias Pendl,¬†Max Planck Institute for Comparative and International Private Law Introduction Emoji are a worldwide phenomenon in modern communication, and so unsurprisingly emoji cases are popping up in Germany as well. Although the number of published…

Think Keyword Metatags Are Dead? They Are (Except in Court)--Reflex v. Luxy

Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Check your calendar. Yes, it’s 2021. But trademark plaintiffs and judges are still partying like it’s 1999. The plaintiff is Seeking Arrangements, one of my favorite websites to base my Internet Law exams on. The defendant is a competitor, Luxy….

To No One's Surprise, FOSTA Is Confounding Judges--J.B. v. G6

To No One’s Surprise, FOSTA Is Confounding Judges–J.B. v. G6

Plaintiffs underutilitized FOSTA’s new Section 230 exclusions for the first two years after the law’s enactment, but now we are getting FOSTA rulings at a rapid clip. Given FOSTA’s terrible drafting, it’s not surprising that the rulings are not agreeing…

The ADA Doesn’t Apply to Online Newspaper Website (Again)–Winegard v. Newsday

The plaintiff is deaf. He is a serial litigant (“By this Court’s count, Mr. Winegard had filed at least forty-four ADA lawsuits in this district alone as of August 16, 2021”). He says that he can’t watch video on the…

Australian High Court Says Facebook Accountholders "Publish" Third-Party Defamatory Comments--Fairfax Media v. Voller

Australian High Court Says Facebook Accountholders “Publish” Third-Party Defamatory Comments–Fairfax Media v. Voller

The High Court of Australia has issued a troubling ruling that says Facebook accountholders potentially¬†could be strictly liable for all defamatory comments to their Facebook posts. That legal standard could devastate social media usage in Australia. It increases the risk…

FOSTA Claim Can Proceed Against Twitter--Doe v. Twitter

FOSTA Claim Can Proceed Against Twitter–Doe v. Twitter

The court summarizes the allegations: Plaintiffs John Doe #1 and John Doe #2 allege that when they were thirteen years old they were solicited and recruited for sex trafficking and manipulated into providing to a third-party sex trafficker pornographic videos…

As Expected, Malwarebytes Defeats Enigma's Lawsuit Without Section 230's Help

As Expected, Malwarebytes Defeats Enigma’s Lawsuit Without Section 230’s Help

Malwarebytes and Enigma offer competitive anti-threat software. Malwarebytes classified Enigma’s software as a “potentially unwanted program,” or PUP, and quarantined the programs. Enigma sued Malwarebytes for that classification/quarantine. Initially, the district court dismissed the case on Section 230(c)(2)(B) grounds. In…

Online 'Diatribe' Over a Birthday Cake Isn't Protected by Anti-SLAPP Law--Woodhill Ventures v. Yang

Online ‘Diatribe’ Over a Birthday Cake Isn’t Protected by Anti-SLAPP Law–Woodhill Ventures v. Yang

The court opinion starts: “This case is about a birthday cake.” Ben “Baller” Yang, blinger to some stars, and his wife threw a birthday party for their 7 year old child, London (is this London’s Instagram page?). The wife ordered…

Twitter's Content Moderation Explanations Aren't Defamatory Per Se--Isaac v. Twitter

Twitter’s Content Moderation Explanations Aren’t Defamatory Per Se–Isaac v. Twitter

This lawsuit involves a NY Post article about Hunter Biden’s connections with Ukranian businessmen. The “smoking gun” evidence purportedly came from Hunter Biden’s laptop that he allegedly abandoned at a Delaware computer repair shop run by the plaintiff. The plaintiff,…

Court Casts Doubt on the Legality of the Data Brokerage Industry--Brooks v. Thomson Reuters

Court Casts Doubt on the Legality of the Data Brokerage Industry–Brooks v. Thomson Reuters

Thomson Reuters (TR) offers a database called “CLEAR” that assembles personal information into individual dossiers. The plaintiffs are Black civil rights activists leading a class action lawsuit for publicity rights and related claims. The court denies TR’s motion to dismiss–in…