DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Vodka and Milk
As part of the DMCA, Congress enacted a cause of action for people who send bogus copyright takedown notices, codified at 17 USC 512(f). It was a good thought executed terribly. The courts have interpreted the law to require subjective bad…
YouTube Isn’t a Company Town (Duh)–Prager University v. Google
Prager University produces videos designed to convert teenagers into conservatives. It has posted over 250 videos to YouTube. YouTube has placed some of those videos into “restricted mode,” which blocks the videos’ availability to YouTube users who voluntarily operate in…
Senate Passes ‘Worst of Both Worlds FOSTA’ (Linkwrap)
Guest-bloggers and I have already blogged SESTA and FOSTA about 2 dozen times (see below), so there’s not much to say specifically about the Senate’s approval of the Worst of Both Worlds FOSTA (without further amendment). I already explained most of the problems…
Why FOSTA’s Restriction on Prostitution Promotion Violates the First Amendment (Guest Blog Post)
by guest blogger Alex F. Levy 18 U.S.C. §2421A(a) violates the First Amendment. While “[o]ffers to engage in illegal transactions are categorically excluded from First Amendment protection,” this provision prohibits far more than that. U.S. v. Williams, 553 U.S. 285,…
SESTA’s Sponsors Still Don’t Understand Section 230 (As They Are About to Eviscerate It)
The SESTA and FOSTA “debates” have been repeatedly marred by inaccurate claims. As one of countless examples, recall Prof. Leary’s testimony to Congress that FOSTA “leaves Section 230(c), the Good Samaritan immunity section, untouched.” What??? Of course FOSTA amends Section 230(c)–THAT’S THE…
Can the ‘Worst of Both Worlds FOSTA’ Be Salvaged? Perhaps…and You Can Help (URGENT CALL TO ACTION)
As you know, Congress is brewing up bad policy solutions to the terrible crime of sex trafficking. The latest version, what I’ve deemed the Worst of Both Worlds FOSTA, passed the House and will go to the Senate floor for…
Maternity Clothing Trademark Dispute Has Dubious Support–Blanqi v. Bao Bei (Guest Blog Post)
by guest blogger Alexandra J. Roberts This one’s for the ladiesss (all the pregnant ladies, all the pregnant ladies)! Plaintiff Blanqi makes high-end shapewear and maternity products. It has a pending application to register SPORTSUPPORT as a trademark for lingerie…
Section 230 Doesn’t Prevent City Regulation of Short-Term Rental Services (Again)–HomeAway v. Santa Monica
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] In my list of top 10 Internet Law cases of all time, Airbnb v. San Francisco appeared as an honorable mention because it showed how any regulator could regulate…
Top Internet Law Developments of 2017 (Very Late)
[It’s a sign of my busy 2018 that I’m only now posting my annual Internet Law year-in-review recap. Better late than never?] 2017 was a generally OK year for me personally. My wife’s health has been stable, I was able…
Copyright Office Won’t Register ‘Middle-Finger Pictogram’ As Literary Work–Ashton v. Copyright Office
Ashton created a coffee mug displaying the words “People Pleaser in Recovery” on the outside, the word “Refill” on the inside bottom, and a single-fingered salute on the outside bottom: Ashton applied for copyright registrations for 2D artwork and a…