Catching Up on FOSTA Since Its Enactment (A Linkwrap)

Catching Up on FOSTA Since Its Enactment (A Linkwrap)

Some links of note about what’s happened since the enactment of the Worst of Both Worlds FOSTA: * ReplyAll podcast on the Worst of Both Worlds FOSTA’s harmful effects on sex workers. One sex worker reports she knows of 13…

Twitter Isn’t a Shopping Mall for First Amendment Purposes (Duh)–Johnson v. Twitter

Multitudinous lawsuits–mostly by political “conservatives”–seek to deprive social media services of their property rights to exclude unwanted customers. Or, more precisely, these lawsuits seek to censoriously restrict the social media services’ First Amendment-protected right to free speech/press by forcing them…

Snapchat’s Speed Filter Not Protected by Section 230–Maynard v. Snapchat

Christal McGee allegedly drove recklessly (over 100 mph) to capture her accomplishment in Snapchat’s speed filter. McGee’s car hit Maynard’s car and caused permanent brain damage to someone in the car. The Maynards sued Snapchat, alleging “Snapchat knew that its…

YouTube Defeats Another Remove-and-Relocate Lawsuit–Song Fi v. Google

The YouTube “remove-and-relocate” cases involve similar facts. A YouTuber uploaded a video and promoted it. YouTube suspected irregularities with the promotion, removed the video from its initial URL (breaking inbound links, stripping the comments, and resetting the like and view…

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…

A DMCA Section 512(f) Case Survives Dismissal--ISE v. Longarzo (Catch-up Post)

A DMCA Section 512(f) Case Survives Dismissal–ISE v. Longarzo (Catch-up Post)

I’m blogging this case now, even though it came out a few months ago, because we see so few 512(f) cases that make any progress at all. At its core, the litigants dispute ownership over a TV show, “The Weekend…

Section 230 Doesn’t Provide a Basis To Remove Cases to Federal Court–A.R.K. v. Grindr

The court summarizes this case: Plaintiff alleges that Grindr and the individual defendants engaged in a conspiracy to produce and disseminate sexually explicit photographs and pornography, with Grindr providing the platform for anonymous meetings, communication, and dissemination. Section 230 may…

Recapping a Year’s Worth of Section 230 Cases That Got Stuck in My Blogging Queue

[Though most of these rulings are defense-favorable, Congress recently eviscerated Section 230 and isn’t done ruining its greatest online policy masterpiece] Twitter Defeats Defamation Claim As part of a custody dispute, a former spouse allegedly disparaged the other spouse in…

Wisconsin Appeals Court Blows Open Big Holes in Section 230–Daniel v. Armslist

Congress eviscerated Section 230 via the Worst of Both World FOSTA, but defendants have been doing well with Section 230 defenses over the past year-plus. Then, last week, a Wisconsin appeals court issued a published opinion that massively screws up…

More Aftermath from the 'Worst of Both Worlds FOSTA'

More Aftermath from the ‘Worst of Both Worlds FOSTA’

In my prior post on the Worst of Both Worlds FOSTA, I enumerated three problematic developments that occurred before the bill was signed: * the federal government shut down Backpage without relying on FOSTA’s new provisions. * two different civil…