Courts’ Expectations for TOS Formation Keep Going Up—Lee v. Plex
This is a VPPA claim against Plex (a video streaming service) regarding the use of Meta Pixels. 🙄🙄 The defendant invoked the arbitration clause in its TOS. Extensively citing Chabolla, the court rejects the arbitration request. Here is Plex’s sign-up…
Viral DRM Awarded Damages for Its 512(f) Claims, But At What Cost?
Viral DRM is a copyright enforcement agency focused on extreme weather videos. The first time I blogged about them, they brought a SAD Scheme suit that initially resulted in an ex parte TRO. However, the case fell apart on further…
Roblox Faces Potentially Unlimited Copyright Liability—Robinson v. Binello
This case involves the Maple Leaf Rag song, composed by Scott Joplin. Even if you aren’t a ragtime aficionado, you may have heard this tune. Joplin’s song is in the public domain now. The plaintiff Robinson made a recording of…
Blogiversary: What Will This Blog Look Like in 10 Years? (Part 10 of 10)
This is my 10th and final blog post in my series celebrating my 20 year blogiversary. Sadly, the series (and maybe the blog) will end on a depressing note. You might want to grab some tissues before digging in. In…
Section 230 Applies to Consumer Reporting Agencies (But Only Sometimes)–Foley v. IRBsearch
[A reminder that I don’t do April Fools gags.] This lawsuit is against IRBsearch, a data aggregator of public records and other material allegedly scraped from the web. The plaintiffs claim that IRBsearch provided erroneous reports that denied them employment…