GA Supreme Court Fixes Overbroad Injunction Against Message Board Operator–Chan v. Ellis
This case involves message board posts by a community that criticized Ellis’s copyright enforcement efforts. Ellis sought and obtained a protection order against Chan, the operator of the message board, on the legal grounds that the users’ posts constituted “stalking”….
Theater Employee’s Post-Termination Blogging Isn’t a Matter of “Public Concern”
This is a long-running and vitriolic dispute between James Ryan and Yvonne Johnson. Johnson was the director of the Spokane Civic Theater. She hired Ryan to be the music director. A few months after the hiring, Johnson fired Ryan allegedly…
It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Steiner
In enacting the DMCA’s notice-and-takedown system, Congress knew copyright owners and others might send takedown notices overzealously. To discourage abuses of the notice-and-takedown system, Congress enacted 17 USC 512(f) to create a new cause of action for sending bogus takedown…
Trial Court Doesn’t Unmask Parodist Twitterers
Plantiffs are trying to unmask Twitter users who make derogatory posts about the plaintiff corporate entities and their CEO. (Initial blog post about the case filing here.) They filed suit in the Western District of Washington, and sought and were…
Which Was Dumber–Trash-Talking Tweeting, Or The Decision To Prosecute For It?
Robert Metzinger made the following four tweets during the 2013 World Series in St. Louis: Going to be tailgating with a #PressureCooker during games 3-4-5 in #STL during #WorldSeries. #STLStrong #GoCards #postseason from Springfield, MO. Putting my loft up for…
Catching Up on Section 230 Cases From the Past 18 Months
I try to blog every Section 230 case I see. However, over the past year and a half, I’ve collected a few Section 230 cases that I had hoped to blog but that fell through the cracks for one reason…
Google Isn’t Liable For Including Unlicensed Locksmiths in Directories–Baldino’s Lock v. Google
Some states, including Virginia, require locksmiths to obtain state-issued licenses. Baldino’s Lock & Key, a licensed locksmith, is unhappy about being on the same search results pages as unlicensed locksmiths. It sued Google and various business directory providers for commingling…
Reports on Expunged Arrest Can’t Be Erased From the Internet–Martin v. Hearst
We don’t have a “right to be forgotten” here in the United States, so plaintiffs are experimenting with doctrinal workarounds to achieve the same outcomes. As today’s case illustrates, those workarounds are destined to fail. Lorraine Martin was arrested in…
Top 10 Internet Law Developments of 2014 (Forbes Cross-Post)
It’s time for my annual recap of the top Internet Law developments of the year. #10: Copyright Fair Use Tilts To Defense. Larry Lessig has famously said that “fair use in America simply means the right to hire a lawyer…
Chicago State University Professors Fight Back Against University’s Efforts To Shut Down Their Blog (Guest Blog Post)
By Guest Blogger Stephen F. Diamond Earlier this month, two faculty activists at Chicago State University (CSU) prevailed against a motion to dismiss a lawsuit they had filed in federal court against CSU’s President, Vice President of Labor and Legal…