Redfin Must Defend Copyright Suit Over Property Photos--Stross v. Redfin

Redfin Must Defend Copyright Suit Over Property Photos–Stross v. Redfin

Stross is a photographer who licenses his photographs to real estate agents. He licensed the photos through ACTRIS, a multiple listing service that compiles listings into a database for use by brokers and realtors. ACTRIS users who upload their photos…

Illinois Users' Face-Scanning Privacy Lawsuit Against Facebook Headed to Trial

Illinois Users’ Face-Scanning Privacy Lawsuit Against Facebook Headed to Trial

This is a class action asserting that Facebook’s face recognition and scanning practices violate the Illinois Biometric Privacy Act rights of Illinois users. The court previously rejected Facebook’s arguments based on choice of law and standing, and certified a class….

Bittersweet DMCA Safe Harbor Defense Win in Ninth Circuit--Ventura v. Motherless (Catch-Up Post)

Bittersweet DMCA Safe Harbor Defense Win in Ninth Circuit–Ventura v. Motherless (Catch-Up Post)

Motherless runs a UGC site for adult content. None of its content is licensed from content producers. It is primarily ad-supported (85%), with the remaining revenues coming from subscriptions (but only 0.2% of active users are subscribers) and sales of schwag. For a…

First Amendment Doesn’t Protect Encouraging Readers to Make Anti-Semitic Attacks–Gersh v. Daily Stormer

Gersh, the plaintiff, is a realtor living in Whitefish, Montana. She heard about a planned protest of businesses housed in a building owned by Sherry Spencer, the mother of Richard Spencer. (Richard, among other things, went viral for getting punched…

Court Affirms Stalking and Harassment Conviction for Tagged Tweets–In re AJB

This is a stalking and harassment case involving tweets by classmates of the victim. The court recites the facts below: In March 2016, high school students, W.K., B.L., and appellant A.J.B., discussed that M.B., a fellow student who had been…

Kentucky Governor Can Block Constituents on Social Media--Morgan v. Bevin

Kentucky Governor Can Block Constituents on Social Media–Morgan v. Bevin

This is a First Amendment lawsuit brought by Facebook and Twitter users against the Governor of Kentucky. Plaintiffs allege that the Governor (Bevin) violated their First Amendment rights by blocking them on Facebook and Twitter. Bevin wants to hear from…

Researchers’ Challenge to CFAA Moves Forward--Sandvig v. Sessions

Researchers’ Challenge to CFAA Moves Forward–Sandvig v. Sessions

This is a lawsuit brought by four professors and a media organization (First Look, publisher of the Intercept). Plaintiffs study real estate, finance, and employment transactions and seek to highlight the discriminatory effects of algorithms. To do so, they create…

Ninth Circuit Reinstates Virtual Platform Gambling Lawsuit Against Big Fish

Ninth Circuit Reinstates Virtual Platform Gambling Lawsuit Against Big Fish

This is a lawsuit against the parent of Big Fish Games (Churchill Downs*), alleging that the Big Fish Casino offers illegal gambling. The district court dismissed. (Here’s my post on that ruling: “Big Fish’s Virtual Casino Doesn’t Violate Washington’s Gambling Statute.”)…

Cox Loses DMCA Safe Harbor but Gets a New Trial on Contributory Infringement--BMG v. Cox

Cox Loses DMCA Safe Harbor but Gets a New Trial on Contributory Infringement–BMG v. Cox

BMG sued Cox for the alleged copyright infringement of its users. The court described Cox’s “graduated” policy for terminating subscribers: The first notice alleging a subscriber’s infringement produces no action from Cox. The second through seventh notices result in warning emails…

Twitter Defamation Claim Defeated by a Question Mark--Boulger v. Woods

Twitter Defamation Claim Defeated by a Question Mark–Boulger v. Woods

This is a defamation lawsuit brought against James Woods by a woman (Portia Boulger) who was wrongly identified as a Nazi supporter online. In March, candidate Trump had a rally in Chicago. The Tribune posted a photo of a woman…