When is it Fair Use to Use a Photo to “Illustrate” an Article?

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. There is no shortage of articles being generated online, and often those content producers simply canvass the web…

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Paul Nicklen is a highly acclaimed nature photographer. He posted a video of an emaciated polar bear wandering the Canadian Arctic to his Facebook and Instagram accounts to sound the alarm on climate change. Nicklen “urged his social media followers…

An Initial Look at Washington's New Anti-SLAPP Statute

An Initial Look at Washington’s New Anti-SLAPP Statute

Washington’s anti-SLAPP statute was struck down by the Washington State Supreme Court in May 2015. Effective July 25, 2021, Washington has a new anti-SLAPP statute. My summary of the statute: Scope of coverage: The statute applies to causes of action…

Grokking the Supreme Court's TransUnion Decision

Grokking the Supreme Court’s TransUnion Decision

A class of plaintiffs sued the credit bureau TransUnion, alleging that they were improperly placed on a “watch list” that TransUnion offered to supplement credit reports. TransUnion’s watch list was designed to help businesses avoid transacting with people who were…

'365 for Business' Users' Privacy Lawsuit Dismissed--Russo v. Microsoft

‘365 for Business’ Users’ Privacy Lawsuit Dismissed–Russo v. Microsoft

Users of “Microsoft 365 For Business” allege oversharing by Microsoft, which translates into claims under (1) the Wiretap Act and the Stored Communications Act; (2) Washington’s Consumer Protection Act; (3) the Washington one-party consent phone statute; and (4) common law….

Amazon Can’t Force Arbitration of Minors’ Privacy Lawsuit Over Alexa Recordings–BF v. Amazon

Minors allege that Amazon’s Alexa service improperly stores or utilizes their voiceprints. The district court denied Amazon’s request to force arbitration of the claims based on the fact that the plaintiffs, who were minors, were not signatories (or had not…

CCPA Data Breach Lawsuit Against Walmart Fails--Gardiner v. Walmart

CCPA Data Breach Lawsuit Against Walmart Fails–Gardiner v. Walmart

This is a data breach lawsuit against Walmart in which plaintiff (on his own behalf and on behalf of a putative class) asserts that his data is being currently sold on the dark web. Plaintiff asserted the typical claims, but…

Pinterest Defeats Contributory Copyright Infringement Claim--Davis v. Pinterest

Pinterest Defeats Contributory Copyright Infringement Claim–Davis v. Pinterest

This is a copyright infringement case against Pinterest for allegedly infringing “pins” by users. The plaintiff alleged claims for direct and contributory copyright infringement. Pinterest moved to dismiss the claim for contributory infringement. The court grants the motion. In addition…

Catching Up on the Parler v. AWS Dispute

Catching Up on the Parler v. AWS Dispute

I blogged Parler’s unsuccessful request to get injunctive relief preventing AWS’s termination of Parler as a customer. Since then, Parler dismissed the federal court lawsuit, filed a state court lawsuit, AWS removed the second lawsuit to federal court, and the…

Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee

Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee

This is Part II of a review of recent social media ownership disputes. In Part I, I looked at how the Satanic Temple of Washington could not use the CFAA or ACPA to get its Facebook accounts back. Part II…