Court Sends Wyze Labs Privacy Suit to Arbitration

Court Sends Wyze Labs Privacy Suit to Arbitration

Wyze provides home security monitoring and cameras. (They have a range of “smart home” products.) Plaintiffs sued Wyze on behalf of a putative class alleging that Wyze failed to safeguard their personal information. Wyze moved to compel arbitration. The court…

We're Still Unsure If Instagram Grants Users a Sublicense to Embed Photos

We’re Still Unsure If Instagram Grants Users a Sublicense to Embed Photos

I blogged earlier this summer about McGucken v. Newsweek, a case that involved a media defendant who was sued by a photographer because it embedded (and displayed) photos in an online article. Newsweek asked the court to reconsider its ruling…

One Minute Spent Reviewing a Junk Fax Received via Email is Not Injury for Article III Purposes

One Minute Spent Reviewing a Junk Fax Received via Email is Not Injury for Article III Purposes

This is a junk fax case. Plaintiff (Daisy), a corporation, used Vonage to receive faxes. It received a junk fax, but rather than receiving it on its fax machine, Daisy received the fax via email, as a .pdf. Daisy alleged…

Infringing Polish Website Isn't Subject to Personal Jurisdiction in the United States--AMA v. Wanat

Infringing Polish Website Isn’t Subject to Personal Jurisdiction in the United States–AMA v. Wanat

AMA Multimedia sued Marcin Wanat, Maciej Madon, and MW Media, a Poland-based partnership. AMA was only able to serve Wanat, so he’s the only defendant in the lawsuit. He moved to dismiss for lack of personal jurisdiction in the United…

Repeated Amazon Purchases Sufficient to Impute Notice of Arbitration Clause

Repeated Amazon Purchases Sufficient to Impute Notice of Arbitration Clause

We blogged Nicosia v. Amazon in 2015 and 2016. (See “The “Browsewrap”/”Clickwrap” Distinction Is Falling Apart”; “Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post).”) A recent Second Circuit ruling in favor of Amazon, while unpublished,…

Is It OK to Embed Instagram Photos? ¯\_(ツ)_/¯

Is It OK to Embed Instagram Photos? ¯\_(ツ)_/¯

We recently covered Sinclair v. Ziff Davis, addressing whether Instagram’s terms of service authorize a third party to publish photos posted to Instagram by embedding those photos online. The court in that case initially said yes. However, the court’s reconsideration…

Court Sends Google Assistant Privacy Lawsuit Back for a Redo

Court Sends Google Assistant Privacy Lawsuit Back for a Redo

This is a putative class action against Google alleging that Google Assistant actively listened (mistakenly) based on a misperceived voice command. The lawsuit complains about the fact that Google used the recordings from these “false accepts”. The court grants Google’s…

Ninth Circuit Reinstates Decade-Old Lawsuit Against Facebook For Tracking Logged-Out Users--In re Facebook Internet Tracking

Ninth Circuit Reinstates Decade-Old Lawsuit Against Facebook For Tracking Logged-Out Users–In re Facebook Internet Tracking

Users sued Facebook in 2012 alleging it improperly tracked users’ browsing while they were logged out of Facebook. Facebook apparently included code in its “like” button on third party websites that would inform Facebook when the user visited the website…

Instagram's TOS Authorizes Third-Party Embedding of Photos--Sinclair v. Mashable

Instagram’s TOS Authorizes Third-Party Embedding of Photos–Sinclair v. Mashable

Sinclair is a professional photographer. Like many photographers, she posts photos to Instagram. Mashable wished to use a photo of Sinclair’s and asked for a license. Sinclair declined. Using Instagram’s API, Mashable then embedded the photo into its story. Sinclair…

Huuuge Mistake in Contract Formation

Huuuge Mistake in Contract Formation

This is a lawsuit alleging that Huuuge’s gaming app violates Washington’s gambling statute. The particular ruling focuses on whether the app can force users to arbitrate their claims. The district court (Judge Leighton, who is hearing a slew of these…