Recapping Three Social Media Addiction Opinions from Fall (Catch-Up Post)
The Northern District of California issued three opinions, totaling over 150 pages, in rapid succession over 3 weeks last Fall. The opinions came out faster than I could blog them. I’m not going to comprehensively blog each of the opinions,…
Copyright Owner Prevails in Lawsuit Over Form Contracts–Equine Legal v. Fireline Farms
🚨🚨 Calling all cyberlaw nerds: here is a bona fide “Law of the Horse” case. 🚨🚨 The plaintiff is an Oregon law firm practicing equine law. The defendant runs a Florida horse ranch. In 2016, the defendant licensed the plaintiff’s…
“Volitional Conduct” Doctrine Helps DistroKid Defeat Copyright Infringement Claim–White v. DistroKid
White created “beats” and got copyright registrations for them. He orally licensed the beats to Rivers for a 50% royalty and a promise to keep booking live performances for White. Rivers incorporated the beats into her album. White alleges that…
The Competition Between Temu and Shein Moves Into a Courtroom–Whaleco v. Shein
As you know, DMCA takedown notices and 512(f) can be, and regularly are, used as anti-competition tools. This time, the pugilists are fast-fashion marketplaces Shein and Temu. I imagine some of you want both of them to lose. Given that…
Some Comments on Today’s Thomson Reuters v. Ross Copyright Ruling
[A surprising ruling from Judge Bibas (sitting as a district court judge by designation) in the Thompson Reuters v. Ross case, because he reverses himself on numerous points (all in favor of the copyright owner). I sent the following comments…
District Court Blocks More of Texas’ Segregate-and-Suppress Law (HB 18)–SEAT v. Paxton
Texas enacted HB 18, a typical smorgasbord law packed full of policy ideas–all bad and undertheorized–under the pretext of protecting kids online. In September, the court enjoined part of the law. See CCIA v. Paxton. Now, the court enjoins much…
Celebrating the Blog’s 20th Blogiversary (Part 1 of 10)
🎶 It was 20 years ago today…Sgt. Pepper taught the band to blog… 🎶 (Close enough: the actual anniversary was Saturday). On February 8, 2005, I started blogging here. 🎉🎉🎉 Over the past 20 years: this blog has published a…
Section 230 Immunizes OnlyFans for User-Uploaded Video (Again)–Doe v. Fenix
A prior ruling summarized the facts the court describes as “harrowing”: In April 2022, Defendant Bendjy Charles (“Charles”) and Romelus raped Plaintiff. Charles and Romelus filmed each other while they raped Plaintiff. Romelus subsequently uploaded video footage of Romelus and…
Section 230 Still Works in the Fourth Circuit (For Now)–M.P. v. Meta
I’m going to classify this ruling as a “big deal,” with the crucial caveat that Section 230 is still doomed and this ruling doesn’t reverse that. Given how judges have turned against Section 230, at this point any appellate ruling…
Section 230 Protects Newspaper’s Removal of User Comments–Affleck v. Harvard Crimson
Here’s a twist. The plaintiff in this case, Jonathan Affleck, was the plaintiff in Martillo v. Twitter, but he sued then under a nom de plume. The court issues him a chastising warning against using unauthorized pseudonyms. In this case,…