Emojis Have Unsettled Grammar Rules (and Why Lawyers Should Care)
A new article by three Dutch researchers sheds some fascinating light on the grammar of emojis, or more precisely, the lack thereof. Their abstract concludes: “while emoji may follow tendencies in their interactions with grammatical structure in multimodal text-emoji productions,…
There Is Essentially No Statute of Limitations for Online Copyright Infringement–APL v. US
This case involves a photo of stem cells, which allegedly used to be quite uncommon and therefore allegedly commanded a premium license fee. So you can see what’s worth litigating in federal court against the mightiest government in the world,…
Reminder: The Copyright Office Will Be Yanking Eligibility for the DMCA Online Safe Harbor (Again)
In 2016, the Copyright Office rejiggered how it handles DMCA Online Safe Harbor agent designations. Instead of an indefinite designation, a service could only designate an agent for 3 years, after which the designation would automatically expire unless renewed. The…
Section 230 Protects HOA for Publishing Meeting Minutes–Eagle Ridge Townhouse Ass’n v. Snapp
The dispute involves Galena Territory, a community governed by a property owner’s association (GTA) with several subdivisions also managed by HOAs. Homeowners in those subdivisions are members of both their subdivision HOA and the GTA. One of the subdivision HOAs…
The Circuitous International Travel of Your Data (Guest Blog Post)
by guest blogger Marketa Trimble Most Internet users probably do not know where their online data (aka “cloud data”) reside. Even fewer users likely have any idea of the paths over which their data travel. It is not difficult to picture…
A Significant Section 230 Defense Win in the Ninth Circuit–Dyroff v. Ultimate Software
This is an important Section 230 ruling from the Ninth Circuit. First, it decisively rejects several of the flavor-of-the-month theories plaintiffs have advanced to eviscerate Section 230. Second, the opinion resolves those theories efficiently and with little wasted motion. That…
Another Politician Unconstitutionally Censored Constituents on Twitter–Campbell v. Reisch
This case involves yet another politician, Missouri Representative Cheri Toalson Reisch (who formerly tweeted @CheriMO44 but the account is currently gone), who blocked constituents on Twitter. I previously blogged this case in February, when the court rejected Rep. Reisch’s motion…
Section 230 Doesn’t Protect Print-on-Demand Vendor–Atari v. Sunfrog
Atari sued a print-on-demand outfit, Sunfrog, for user-uploaded designs that are allegedly infringing. In addition to copyright and trademark claims, Atari asserted an unfair competition claim. Sunfrog defended that claim on Section 230 grounds. The court says no. At this…
Domain Name Registrar Isn’t Liable for Counterfeit Goods–InvenTel v. GoDaddy
InvenTel makes security cams for cars. It is trying to crack down on Chinese counterfeiters. It brought a prior lawsuit against a wide range of defendants, including GoDaddy. InvenTel voluntarily dismissed GoDaddy from that suit. It brought a second round…
Comments on Rep. Gosar’s “Stop the Censorship Act,” Another “Conservative” Attack on Section 230
At this point, many “conservatives” favor government regulation of the editorial practices of Internet companies. As a result, proposals coming from DC “conservatives” that reference “censorship” in their titles almost certainly are designed to embrace, not prevent, censorship. For example,…