Section 230 Protects Amazon from Manufacturer's Ad Copy--Brodie v. Amazon

Section 230 Protects Amazon from Manufacturer’s Ad Copy–Brodie v. Amazon

This case involves a product called “Better Than Pasta,” which contains konjac as an ingredient. Konjac can swell as it moves through the intestines, causing potentially serious injuries. As a result, some countries ban konjac products or require warning labels….

It’s Meshugenah to Operate a Streaming Mixtape Site–Atlantic v. Spinrilla

[Note: Meshugenah is Yiddish for “crazy.”] This is a brutal opinion. No matter how successful this defendant has been in the marketplace, copyright owner lawfare will almost certainly take it down. R.I.P. Spinrilla. Spinrilla is “a streaming and downloading service…

Google and YouTube Aren't "Censoring" Breitbart Comments--Belknap v. Alphabet

Google and YouTube Aren’t “Censoring” Breitbart Comments–Belknap v. Alphabet

Craig Belknap alleged that Google and YouTube violated the First Amendment and Section 230 by “deleting the citizen ‘Posts” that accompany and follow” Breitbart articles. (This is a pro se/in pro per suit). First Amendment. The court says “Neither Alphabet, nor…

New Ebook on Zeran v. AOL, the Most Important Section 230 Case (Techdirt Cross-Post)

New Ebook on Zeran v. AOL, the Most Important Section 230 Case (Techdirt Cross-Post)

[Cross-posted from Techdirt] Section 230 has become a mainstream discussion topic, but unfortunately many discussants don’t actually understand it well (or at all). To address this knowledge gap, co-editors Profs. Eric Goldman (Santa Clara Law) and Jeff Kosseff (U.S. Naval…

512(f) Claim Against Robo-Notice Sender Can Proceed–Enttech v. Okularity

Okularity “represents” several photography clearinghouses. This means that Okularity’s robots scour the Internet looking for clearinghouse photos and then send automated takedown notices for alleged infringements. “Okularity waits until the notices accumulate to the point when a social media platform…

YouTube Defeats Lawsuit Over Cryptocurrency Scam--Ripple v. YouTube

YouTube Defeats Lawsuit Over Cryptocurrency Scam–Ripple v. YouTube

Ripple Labs developed a cryptocurrency called XRP. Scammers phished verified YouTube accounts and then used the hijacked accounts to post YouTube videos–seemingly from Ripple–inducing consumers to transfer their XRP, where they were stolen. YouTube allegedly responded to takedown notices slowly….

Who Owns Vacation Photos of You? Probably Not You–Hubay v. Mendez

A perennial copyright law professor hypothetical: who own the copyright to a person’s vacation photos? Obviously the vacationer owns the photos they take, including any selfies. But if you hand over the camera to a stranger/passerby, who owns that photo?…

Facebook Can Block Scraper (For Now)–Facebook v. BrandTotal

BrandTotal offered a Chrome extension called “UpVoice.” Once installed, the extension allegedly scraped public and non-public information from the users’ Facebook and Instagram accounts. Facebook attempted to crack down on the extension. It terminated BrandTotal’s Facebook and Instagram pages and…

The Case Against Holding Amazon Liable for Third-Party Merchants' Sales in its Marketplace (WSJ Cross-Post)

The Case Against Holding Amazon Liable for Third-Party Merchants’ Sales in its Marketplace (WSJ Cross-Post)

[In February 2020, I participated in a Wall Street Journal “debate” on the question: “Should Amazon Be Responsible When Its Vendors’ Products Turn Out to Be Unsafe?” The proponent was Ted Janger from Brooklyn Law School. I was the opponent….

Court Upholds Gaming App's Clickthrough TOS--Ball v. Skillz

Court Upholds Gaming App’s Clickthrough TOS–Ball v. Skillz

Skillz’s app 21 Blitz allowed players to play blackjack against each other. To sign up for the app, players had to navigate the following screen: The linked TOS contained a prominent arbitration clause. Two plaintiffs sued Skillz for locking them…