Copyright Claims Board (CCB) Default Notices (Guest Blog Post–Part 2 of 3)
by guest blogger Elizabeth Townsend Gard [Eric’s note: this is the second of a three-part series from Prof. Gard looking at the Copyright Claims Board and some of its outcomes. The first part looked at defendant opt-outs.] As of March…
Copyright Claims Board (CCB) Opt-Outs – How’s That Going? (Guest Blog Post–Part 1 of 3)
by guest blogger Elizabeth Townsend Gard [Eric’s note: this is the first of a three-part series from Prof. Gard looking at the Copyright Claims Board and some of its outcomes.] CCB respondents may opt out of a proceeding within 60…
Venkat’s Blog Post Unjustly Removed from Google Search Results Due to EU RTBF Takedown
This is not the first time my blog has been subject to right-to-be-forgotten (RTBF) takedowns. See, e.g., this post (scroll down for the updates). But every time the RTBF is applied to my blog, it’s probably a wrongful application of…
Section 230 Protects Emailing an Article–Monge v. University of Pennsylvania
This case involves an article that allegedly defamed Dr. Janet Monge. Dr. Deborah Thomas, a Penn professor, forwarded the article to an email list run by the American Black Anthropologists. Dr. Monge sued Dr. Thomas (and many other defendants). For…
Government Submissions to a Trusted Flagger Program Aren’t Unconstitutional Jawboning–O’Handley v. Weber
I previously described the plaintiff in this case, Rogan O’Handley, as: a California lawyer with elite credentials (UChicago Law, practice experience as a corporate finance and entertainment attorney) who nevertheless jumped onto the anti-“elites” Trump train and embraced Trump’s Big…
Section 230 Protects BBB from Liability for Consumer Complaints–Amuze v. BBB
Amuze is an online clothing retailer. Consumers left negative reviews of Amuze at the Better Business Bureau of Greater Maryland (BBB-GM) website. (This page?) Amuze sued BBB and BBB-GM for defamation and IIED. The BBB entities successfully invoked NY’s anti-SLAPP…
YouTuber Owes Money to YouTube for Ill-Conceived Deplatforming Lawsuit–Daniels v. Alphabet
Daniels goes by the name “Young Pharaoh.” [An aside: how do you feel about the “pharaoh” invocation? Their empires relied upon slavery, so it seems troubling to me.] He claims YouTube shadowbanned and demonetized him because of MAGA-ish content. Represented…
My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry
I’m pleased to share a draft of a new paper, “A SAD New Category of Abusive Intellectual Property Litigation.” The abstract: This paper describes a sophisticated but underreported system of mass-defendant intellectual property litigation called the “Schedule A Defendants Scheme”…
YouTube Defeats Trademark Lawsuit–Lops v. YouTube
Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. He alleges that YouTube sold items under the “Confidence Empire” brand and published videos from a dance troupe named Confidence Empire (maybe this one?). He sued YouTube for…
Consumers Don’t Think Plant-Based “Milks” Are Cowmilk, But the FDA Wants More Disclosures Anyway
“The issue is, what is milk?” The FDA uses the term “milk” to describe cowmilk [FN], but that isn’t a single commercial product from a nutritional standpoint–there are various versions of “milk” with different fat percentages, with lactose removed, and…