YouTube Wins Another Case Over Removing And Relocating User Videos (Forbes Cross-Post)
I recently blogged about a lawsuit against YouTube for taking down a user’s video and relocating it to a different URL. Users get upset when their videos are removed-and-relocated because the process strips the video of its view count and…
Bashing Your Litigation Opponent in an Online Message Board? Go For It! (Forbes Cross-Post)
As Marshall McLuhan said, the medium is the message, and this principle is influencing online defamation jurisprudence. Judges frequently bend defamation standards for cases involving the rough-and-tumble world of online message boards (see, e.g., LeBlanc v. Skinner, Seldon v. Compass…
Google Defeats Copyright Lawsuit Over Waze Data (Forbes Cross-Post)
The basic copyright rule is clear: facts are not copyrightable; factual compilations can be. However, this simple rule masks considerable nuance. What is a “fact,” how does it differ from “non-facts,” what does it mean to “compile” facts, and when…
Google Play Defeats Lawsuit Over Unauthorized Bank Charges–Harvey v. Google
In March 2013, Susan Harvey bought a game via Google Play, which required her to electronically link her bank account. She alleges that hundreds of unauthorized charges hit her bank account, totaling thousands of dollars. Google allegedly offered to make…
Are Legal Restrictions On Disparaging Personal Names Unconstitutional?–In re The Slants (Guest Blog Post)
By Guest Blogger Laura Heymann [Eric’s introduction: Prof. Heymann has spent more time thinking about the Law of Naming People and Things than anyone else I know. I asked her to weigh in on the potential implications of the Federal…
No Fee Shift In Bogus Lawsuit Against Review Website–Roca v. PissedConsumer
In October, a court issued a really interesting and decisive Section 230 defense win. I ran out of time to blog it, but a recent follow-on ruling gives me an opportunity to ccover both rulings. The October Ruling Roca Labs…
Senate Passes Consumer Review Freedom Act
As you recall, the Consumer Review Freedom Act would prevent businesses from restricting consumers’ reviews of their businesses. This week, the Senate approved the bill by unanimous consent. On the floor, the sponsors introduced a new version of the bill….
Can YouTube ‘Remove And Relocate’ User Videos Capriciously?–Darnaa v. Google (Forbes Cross-Post)
Most of us uploading YouTube videos aren’t deeply invested in their continued availability. If YouTube removed our videos or relocated them to a different URL, we might be puzzled why but otherwise would probably shrug our shoulders. However, YouTube is…
Hackers Could Take Control Of Your Car, But You Can’t Sue Carmakers For That Risk (Forbes Cross-Post)
Cars contain millions of lines of software code, which makes them tempting targets for hackers. Further, with the increased automation of cars, we face growing risks that malicious hackers will remotely take control of cars and cause significant personal or…
Stockholders Can’t Sue Yelp Because Of Fake Reviews (Forbes Cross-Post)
Are there fake user reviews on Yelp? Sure–Yelp freely admits it. Nevertheless, plaintiffs have attempted a variety of legal theories to hold Yelp legally responsible for those fake reviews. Recently, a federal court shut down one of those lawsuits, holding…