Section 230 Preempts Lawsuit Over Unwanted Gmail Spam–Dor v. Google
The plaintiff, Francesse Senat Dor: asserts that Google’s spam filter failed to block abusive, spoofed, and spam emails from reaching her Gmail account. She says that reading these emails caused her emotional distress, and although she does not allege that…
A SAD Scheme Plaintiff Unsuccessfully Plays an IP Privilege Card–Price v. Schedule A Defendants
All SAD Scheme cases are, by definition, sad. This case achieves even greater depths: it’s Flori-dumb level SAD. * * * The plaintiff, Price, has a trademark registration in the phrase “White Privilege Card,” for novelty plastic identification cards. Ugh….
New Article Alert: “SAD Scheme Standing Orders”
I have posted a new essay entitled “SAD Scheme Standing Orders,” forthcoming later this year in the Chicago-Kent Law Review. This essay discusses judicial standing orders regarding the SAD Scheme, which only started emerging about a year ago. Like all…
A First-Hand Look at the Messy Underbelly of DMCA 512(c) Takedowns
From 2009-2013, I used Scribd as my primary hosting service. I posted nearly 800 files there over a roughly four year period. Progressively, I became disenchanted with Scribd, including their efforts to put my uploads behind their own paywall and…
Pre-Publication Content Moderation Can Disqualify Services from the DMCA 512(c) Safe Harbor–McGucken v. ShutterStock
The Second Circuit’s 512 jurisprudence is an unpredictable roller coaster. I can think of at least two other times when the Second Circuit has reversed a clean lower court ruling to unleash further plaintiff-favorable doctrinal chaos (the Viacom v. YouTube…
Fair Use Blocks Privacy-Motivated Copyright Lawsuit–MCM v. Perry
The case involves a Twitter user, Perry (a/k/a “I, Hypocrite”), who tweet-critiqued a crypto company Celsius Networks. The first tweet in the sequence referenced a business setback for Celsius. The second tweet in the sequence contained a collage of two…
California’s Consumer Privacy Act (CCPA) Assists a Private Right of Action–Shah v. MyFitnessPal
It’s been years since I blogged about the California Consumer Privacy Act (CCPA). Have you missed the dumpster fire meme? * * * This is one of an ever-growing number of cases alleging that a website purported to let users…
Google Search Isn’t a Common Carrier–Richards v. Google
Richards has run the SpirituallySmart religious-themed website since at least 2000. The website touts that “Multiple AI systems have recognized this website as the most meaningful usage of the term ‘Spiritually Smart.’” 🤖 Richards’ mission apparently includes becoming a serial…
The Sixth Circuit Wades Into Online TOS Formation (and Leaves Me More Confused Than Ever)–Dahdah v. LowerMyBills
TL;DR: The court provides this overview: LowerMyBills.com refers internet users who are interested in refinancing their home mortgages to affiliated lending partners, including Rocket Mortgage. The website tells users that they will agree to its hyperlinked “Terms of Use”—including a…
How Does the Initial Interest Confusion Doctrine Improve Trademark Analyses?–Dassault v. Childress
These parties have been fighting with each other since at least 2009. This case had a trial in 2017 and ruled for the defense. In 2020, the Sixth Circuit remanded the case for a new trial, which occurred in March…