YouTube Still Isn’t a State Actor–Albertson v. Google
This year, the Supreme Court is expected to issue an opinion on jawboning and its implications for when Internet services may become state actors because of such government pressure. Until then, plaintiffs will keep losing lawsuits that claim Internet services…
Online Marketplace Defeats Lawsuit Over Murder–Roland v. Letgo
I previously summarized this case: This is a tragic case involving the marketplace app Letgo. Using an alias, Brown listed a stolen car for sale on the app. The Rolands agreed to meet Brown in person to buy the car….
Think You Understand Online Trespass to Chattels Law? Think Again–In re Meta Healthcare Pixels
This is one of the many pending “Pixel” cases. If you don’t recall, a “pixel” is a 1×1-pixel image file that is imperceptible to web visitors. A website adds code to its web page that summons the pixel from a…
Section 230 Protects Zillow for Publishing Property Information–Choudhuri v. Specialized Loan
This lawsuit relates to a property foreclosure contested by the then-property owner, Choudhuri, who sued pro se. “Choudhuri appears to allege that Zillow ‘illegally’ published information regarding the property at issue on its website, including listing it ‘for auction.’” This…
Atari’s Lawsuit Against a Print-on-Demand Service Fizzles Out–Atari v. Printify
This is an IP enforcement action against a print-on-demand service called Printify. Printify facilitates interactions between merchants who create new items to sell (using storefronts like Etsy, Shopify, or eBay) and third-party printers/manufacturers. Printify doesn’t process consumer purchases for its…
Plaintiffs Tried to Plead Around Section 230. It Didn’t Work–Ziencik v. Snap
I previously summarized this case: This case involves two Snapchat users who repeatedly received threatening messages from other Snapchat users despite the victims’ efforts to block the perpetrators. A victim flagged messages for Snapchat, allegedly to no effect, and law…
2023 Quick Links: Leftovers
Consumer Reviews * Route App, Inc. v. Heuberger, 2023 WL 5334192 (D. Utah Aug. 18, 2023): Heuberger argues that Route’s Breach of Contract claim fails because the non-disparagement provision in the Terms is unenforceable under the Consumer Review Fairness Act (“CRFA”)…
Game On! Bright Data Scores Major Victory in Web-Scraping Dispute with Meta (Guest Blog Post)
by guest blogger Kieran McCarthy Whether it is by accident or because of who he is, Judge Edward Chen of the Northern District of California has a way of finding himself at the center of the most important cases in…
Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman
This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began…
Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post)
by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. Many people think this is true. But not enough lawyers say it often enough….