Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart
This is the latest dubious Internet Law ruling from the Eighth Circuit. (Other dubious rulings in 2021 include Select Comfort v. Baxter and Campbell v. Reisch). In this ruling, the court says Walmart may have imposed a binding arbitration clause…
Lawsuit Still Goes to Arbitration, Even Though Amazon Has Since Removed Its Arbitration Clause–Nicosia v. Amazon
This is the latest update in Nicosia’s multi-year lawsuit against Amazon. That lawsuit has already resulted in two Second Circuit opinions (and three blog posts). The district court found Nicosia was bound by the arbitration agreement in Amazon’s terms of…
Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed
This is a lawsuit against Nike and its service provider (FullStory), which provides Nike with “session replay” functionality for its website. FullStory’s software allows Nike to capture information regarding website visitors: (1) mouse clicks, (2) keystrokes, (3) payment card information,…
Trump’s Must-Carry Lawsuit Against Twitter Moved to Twitter’s Home Court–Trump v. Twitter
As you recall, in July, Trump sued Twitter, Facebook, and YouTube for “deplatforming” him. As expected (see image to the right), YouTube successfully transferred its case to the Northern District of California. Now Twitter has done the same. (A reminder…
Court Orders Unmasking Subpoena of Alleged Infringers–Baugher v. GoDaddy
In the DMCA, Congress enabled copyright owners to obtain pre-litigation discovery of alleged infringers (17 USC 512(h)). After sending a takedown notice, the copyright owner can apply for an unmasking subpoena, which the clerk of the court must issue without…
Peloton Can’t Bind All Family Members To Its Arbitration Provision–SS v. Peloton
This case involves the Peloton treadmill (“Tread+”). The treadmill has caused numerous personal injuries, and Peloton has recalled it. In this case, a 3 year old boy suffered personal injuries due to a Tread+ his dad bought. The dad, mom,…
Social Media Is Often a Defamation-Free Zone…But Not Always–Steak N Shake v. White
I’ve blogged some recent cases showing how it’s become really, really hard to win defamation cases over social media content (e.g., Rapaport v. Barstool). Still, online defamation claims can succeed, as this case shows. But even if the plaintiff wins…
Government Jawboning Doesn’t Turn Internet Services into State Actors–Doe v. Google
The plaintiffs are “conservative content creators” (i.e., QAnon enthusiasts) who posted videos to YouTube. YouTube suspended their accounts. The plaintiffs sued for First Amendment violations (presumably a 1983 claim). The court previously denied a TRO. YouTube now gets the case…
Anti-Zionist Loses Lawsuit Over Social Media Account Suspensions–Martillo v. Facebook
Martillo claims that six social media services suspended his accounts because he is an anti-Zionist. He sued for Title II discrimination. The court responds: “the defendants’ social media platforms are not places of ‘public accommodation.’ The statutory definition of a…
If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google
Trigger warning: this is a terrible opinion. Let’s hope the judge corrects his errors or that the appeals court does it for him. * * * This opinion addresses a venerable issue in Internet Law: can a website control how…