Social Networking Site Isn’t Liable for User’s Overdose of Drugs He Bought Via the Site–Dyroff v. Ultimate Software

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] This opinion is a contender for the most interesting Section 230 ruling of 2017. It deals with the troubling situation of user-to-user online drug sales; it…

Interesting Tidbits From FTC's Antitrust Win Against 1-800 Contacts' Keyword Ad Restrictions

Interesting Tidbits From FTC’s Antitrust Win Against 1-800 Contacts’ Keyword Ad Restrictions

Over the course of about a decade starting in 2004, 1-800 Contacts entered into over a dozen settlement agreements with competitors, most of which mutually restricted both parties from buying keyword ads triggered to their competitor’s trademarks and sometimes requiring…

Zazzle Loses Copyright Jury Verdict, and That’s Bad News for Print-on-Demand Publishers–Greg Young Publishing v. Zazzle

Greg Young Publishing licenses images for posters, many of which are beach- or surfing-themed. Zazzle users posted item listings that included the copyrighted images. Greg Young Publishing sued Zazzle. In a prior ruling, the court held that Section 512(c) applied to…

‘Blacklist’ of ModelMayhem Members Defeats Legal Liability–Brenner v. Hill

ModelMayhem facilitates matches between models and employers, such as photographers. We’ve blogged before about the risk that putative ModelMayhem employers are sexual predators, which led to a key 9th Circuit ruling that Section 230 doesn’t immunize “failure to warn” claims. I’m amazed ModelMayhem has survived despite…

Woman Fired For Pro-Trump Tweet Gets Unemployment Benefits--Waverly Heights v. Jungclaus

Woman Fired For Pro-Trump Tweet Gets Unemployment Benefits–Waverly Heights v. Jungclaus

I just blogged on a case involving Facebook’s suspension of a Bowling Green Massacre gaslighter. Today, I’m blogging about a woman fired for a pro-Trump tweet. It’s pretty clear my blogging queue will be overflowing with Trump-related litigation for years to come. #MALGA…

Commemorating the 20 Year Anniversary of Zeran v. AOL

Commemorating the 20 Year Anniversary of Zeran v. AOL

You’re probably already quite familiar with the Fourth Circuit’s 1997 in Zeran v. AOL. The case is one of the most cited Internet Law cases of all time, and it is a staple of Internet Law course syllabi around the country and…

Presentation on the First 18 Months of the Defend Trade Secrets Act

Earlier this month, I spoke at the California State Bar IP Section’s “IP Institute” in Newport Beach. My topic was “What’s Up With the Defend Trade Secrets Act?” I used the 60 minute session to look at what’s been happening in the…

Facebook Defeats Lawsuit By User Suspended Over 'Bowling Green Massacre'--Shulman v. Facebook

Facebook Defeats Lawsuit By User Suspended Over ‘Bowling Green Massacre’–Shulman v. Facebook

This lawsuit is detritus from the KellyAnne Conway “Bowling Green Massacre” fiasco. You may recall that Conway, in her official White House role, referred to a “massacre” at Bowling Green that never happened. The plaintiff says he posted articles to Facebook allegedly…

YouTube Defeats Defamation Claim in 'Remove-and-Relocate' Case--Bartholomew v. YouTube

YouTube Defeats Defamation Claim in ‘Remove-and-Relocate’ Case–Bartholomew v. YouTube

YouTube has been sued numerous times for “removing-and-relocating” videos it thinks were promoted by spam. When it does a remove-and-relocate, YouTube takes down the video, discloses at the original URL that “This video has been removed because its content violated YouTube’s…

Section 230(c)(2) Protects Anti-Malware Vendor–Enigma v. Malwarebytes

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] In 2009, the 9th Circuit ruled that Section 230(c)(2) protected Kaspersky from liability for blocking Zango’s software as adware. Since that ruling, we have seen relatively few…