2H 2017 & Q1 2018 Quick Links, Part 4: Censorship, Content Moderation
Censorship Spotlight on China * NY Times: China’s Internet Censors Play a Tougher Game of Cat and Mouse * Reuters: China’s Weibo looks to reward citizen censors with iPhones, tablets * NY Times: 68 Things You Cannot Say on China’s…
‘Worst of Both Worlds’ FOSTA Signed Into Law, Completing Section 230’s Evisceration
This morning, President Trump signed H.R. 1865, the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA), into law. The bill signing was anticipated, but that doesn’t make the outcome any less terrible. Today, Washington DC regulators…
2H 2017 & Q1 2018 Quick Links, Part 3: Section 230, Consumer Reviews
Section 230 * Backpage.com, LLC, V. Hawley, 2017 WL 5726868 (E.D. Mo Nov. 28, 2017): Backpage cites Doe No. 1 for the proposition that, as an interactive computer service provider, its “choices about what content can appear on the website…
2H 2017 & Q1 2018 Quick Links, Part 2: Innovation and Confidentiality
Innovation * NY Times: Russia Wants Innovation, but It’s Arresting Its Innovators * Contigiani et al, Trade Secrets and Innovation: Evidence from the ‘Inevitable Disclosure’ Doctrine. The abstract: Does heightened employer-friendly trade secrecy protection help or hinder innovation? By examining…
DMCA Safe Harbor Applies to Some Unfair Competition Claims–Capitol Records v. Vimeo
You probably remember this case. Copyright owners sued the video hosting site Vimeo for third party uploaded videos that allegedly infringed their copyrights. Given this was the paradigmatic situation the DMCA safe harbor was designed to address, you’d think this…
Fifth Court Rejects ‘Material Support for Terrorism’ Claims Against Social Media Sites–Crosby v. Twitter
[Just a reminder that Section 230’s evisceration will happen upon Pres. Trump’s signature] Victims of the 2016 Pulse Nightclub shooting in Orlando, aided by the indefatigable 1-800-LAWFIRM and Excolo Law, sued social media providers. They alleged that the shooter was inspired…
Backpage Loses Another Section 230 Motion (Again Without SESTA/FOSTA)–Florida Abolitionists v. Backpage
During Congress’ SESTA/FOSTA deliberations, opponents repeatedly promised that the Doe v. Backpage litigation in Massachusetts would imminently provide key insights into Section 230’s purported limitations. Indeed, a week after the Senate passed the Worst of Both Worlds FOSTA, the court…
2H 2017 & Q1 2018 Quick Links, Part 1: Copyright, Trademarks, Keyword Ads
[As you can tell, my ability to prepare these Quick Links posts has degraded substantially…better late than never?] Copyright * The Executive Corp. v. Oisoon, LLC, 2017 WL 4310113 (M.D. Tenn. Sept. 28, 2017). A default judgment: “A section 1202(b)(1)…
Realistic Docudramas Don’t Violate California Publicity Rights–deHavilland v. FX
By Guest Blogger Tyler Ochoa Last week, the California Court of Appeal ordered the dismissal of a right of publicity and false-light privacy lawsuit brought by legendary actress Olivia de Havilland against FX Networks over the depiction of her in…
Lindsay Lohan Loses Publicity Rights Case Over Grand Theft Auto–Lohan v. Take-Two
Lindsay Lohan is the new spokesperson for Lawyer.com, and boy is she qualified to talk about that subject! Her litigiousness should have earned her a street JD. Sadly, though, her voluminous experience with the law hasn’t adequately sharpened her legal acumen, and…