Ninth Circuit Says LinkedIn Wrongly Blocked HiQ's Scraping Efforts

Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts

Fans of scraping cases may rejoice. The Ninth Circuit issued its long-awaited opinion in the hiQ v. LinkedIn case (it was argued in March 2018, so the opinion took about 18 months). It rules in favor of hiQ. hiQ was…

Lessons from Bumble's Choice of Law Clause--King v. Bumble

Lessons from Bumble’s Choice of Law Clause–King v. Bumble

This is a lawsuit against the dating app “Bumble” challenging Bumble’s refund and renewal practices. Plaintiffs allege Bumble violated two California statues: (1) the Dating Service Law, and (2) the Automatic Renewal Law. The first requires dating services to give…

Pres. Trump Violates the Constitution By Blocking @RealDonaldTrump Followers--Knight First Amendment v. Trump

Pres. Trump Violates the Constitution By Blocking @RealDonaldTrump Followers–Knight First Amendment v. Trump

In the Knight Foundation’s First Amendment lawsuit against President Trump for blocking Twitter users, the Second Circuit says that his blocking of users based on their viewpoints violates the First Amendment. This is a resounding loss for the President. (Our…

Court Declines to Dismiss Data Breach Claims Against Facebook Based on Access Token Incident--Bass v. Facebook

Court Declines to Dismiss Data Breach Claims Against Facebook Based on Access Token Incident–Bass v. Facebook

This is a data breach lawsuit against Facebook. Judge Alsup denies Facebook’s motion to dismiss, although he does find that Facebook’s contract disclaimer (likely) neutralizes numerous contract-based claims. Background: Facebook announced a vulnerability that allowed third parties to obtain “access…

Court Rejects Service of Process Via Amazon Messaging--Noco v. Chang

Court Rejects Service of Process Via Amazon Messaging–Noco v. Chang

This is a trademark infringement lawsuit. Plaintiff alleges that defendant improperly uses plaintiff’s brand name to sell infringing or counterfeit products “entirely online through [an] Amazon merchant account.” Defendant used the merchant account named “Co2Crea,” and defendant also applied to…

Ex-Employee's Continued Use of Twitter Account May Be Conversion--Farm Journal v. Johnson

Ex-Employee’s Continued Use of Twitter Account May Be Conversion–Farm Journal v. Johnson

This is another ownership dispute over a Twitter account. We last blogged this topic several years ago, and none of the disputes we’ve seen have resulted in any definitive rulings. Plaintiff publishes trade publications in the agricultural sector, including “The…

Second Circuit Judges Brawl Over the Meaning of "Volition" in Copyright Cases--BWP v. Polyvore

Second Circuit Judges Brawl Over the Meaning of “Volition” in Copyright Cases–BWP v. Polyvore

This is an appeal of a summary judgment ruling in favor of Polyvore, an image clipping and sharing site, also known as a “mood board” app. (The site itself was acquired and, as the court notes, is now shut down.)…

Allegedly Defamatory Tweet About Non-Resident Insufficient to Confer Jurisdiction

This is a lawsuit for defamation brought by Jason Miller. The particular claims in question arise out of a tweet. Miller was an advisor on the Trump campaign and later became a commentator and consultant. He was allegedly involved in…

Another Government Impermissibly Censors Constituents on Facebook--Robinson v. Hunt County

Another Government Impermissibly Censors Constituents on Facebook–Robinson v. Hunt County

This lawsuit alleges censorship by the administrators of the Hunt County Sheriff’s Office Facebook page. The Facebook page invited “input and POSITIVE comments regarding the Hunt County Sheriff’s Office.” The page was intended to discuss “matters of public interest,” but…

Court Says California’s Anti-Spam Statute Doesn’t Regulate Affiliate Networks–Bank v. Hydra

This judgment followed a bench trial in a case over three unwanted email messages. The case was originally filed in 2010! The plaintiff is a lawyer suing pro se. The defendant is Hydra Group, which operated an affiliate network. The…