CreateSpace Isn’t Liable for Publishing Allegedly Infringing Uploaded Book–King v. Amazon

King wrote a book, From Brooklyn to the Grave. King asked his ex-girlfriend, Thomas, to help edit and publish the book. Thomas published the book via Amazon’s CreateSpace. King claims that Thomas expropriated the manuscript and thus Amazon never had…

Notifying Twitter of TOS Violations Isn't Tortious Interference--Illoominate v. CAIR

Notifying Twitter of TOS Violations Isn’t Tortious Interference–Illoominate v. CAIR

Wikipedia describes Laura Loomer as a “conspiracy theorist.” Twitter banned her in 2018. I previously blogged on Loomer’s unsuccessful antitrust case against Twitter and other social media platforms. In this lawsuit, she seeks to hold CAIR responsible for her Twitter…

More Evidence That Print-on-Demand Vendors May Be Doomed–Greg Young Publishing v. Zazzle

I’ve repeatedly expressed concern for the viability of print-on-demand vendors due to potentially unmanageable IP liability. Unlike other Internet services, print-on-demand vendors do not get the full benefit of 512(c) because of their offline printing and shipping activities. Without 512(c),…

Rehearing Briefs in Enigma Software v. Malwarebytes

Rehearing Briefs in Enigma Software v. Malwarebytes

In September, in Enigma v. Malwarebytes, the Ninth Circuit issued a troubling Section 230(c)(2)(B) ruling that allowed plaintiffs’ allegations of anti-competitive animus to override the safe harbor for anti-threat software vendors. It was a 2-1 ruling on a key topic,…

Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit--Doe v. Salesforce

Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–Doe v. Salesforce

Salesforce provided SaaS services to Backpage. On that basis, the plaintiffs sought to hold Salesforce liable for any Backpage-caused sex trafficking victimization. This represents an attempt (possibly unprecedented) to impose tertiary liability for sex trafficking. The advertisers, such as pimps,…

State Court Rejects Prager University's Lawsuit Against YouTube

State Court Rejects Prager University’s Lawsuit Against YouTube

Prager University publishes videos on YouTube. YouTube demonetized some of its videos and placed some in “restricted mode,” meaning that users of YouTube’s restricted mode functionality won’t see them. Prager claimed that YouTube took these steps due to anti-conservative bias,…

Internet Access Provider May Be Vicariously Liable for Subscribers' BitTorrent Downloads--Warner Bros. v. Charter

Internet Access Provider May Be Vicariously Liable for Subscribers’ BitTorrent Downloads–Warner Bros. v. Charter

This is another copyright infringement lawsuit against an Internet access provider for subscribers’ allegedly infringing P2P file sharing activity. It extends the copyright owners’ successes in two similar lawsuits, BMG v. Cox and UMG v. Grande. In this ruling, the…

Roundup of the House Commerce Committee Hearing on Section 230

Roundup of the House Commerce Committee Hearing on Section 230

Yesterday, the House Energy & Commerce Committee (the Subcommittee on Communications and Technology and the Subcommittee on Consumer Protection and Commerce) held a hearing called “Fostering a Healthier Internet to Protect Consumers.” The hearing page. This post rounds up some…

The PLAN Act Proposes to Amend Section 230 to "Protect"...Landlords and Hotel Chains?

The PLAN Act Proposes to Amend Section 230 to “Protect”…Landlords and Hotel Chains?

This is my third time in 2019 blogging proposed Section 230 amendments. The other two bills, from Sen. Hawley and Rep. Gosar, propose structural reforms to Section 230–to mandate political neutrality and ban any content moderation not required by law,…

Top Myths About Content Moderation

How Internet companies decide which user-submitted content to keep and which to remove—a process called “content moderation”—is getting lots of attention lately, for good reason. Under-moderation can lead to major social problems, like foreign agents manipulating our elections. Over-moderation can…