“Material Support for Terrorists” Lawsuit Against YouTube Fails Again–Gonzalez v. Google

This is one of numerous lawsuits against social media providers, seeking to hold them liable for terrorist attacks because they publish third party-provided terrorist-related content. These lawsuits have gone nowhere, including this one. I blogged the dismissal of the Second…

Twitter Gets Powerful Win in “Must-Carry” Lawsuit–Taylor v. Twitter

This is one of several lawsuits brought by disseminators of anti-social content (in this case, white supremacist content) seeking to prevent social media providers from cutting them off. In June, the lower court surprisingly rejected Twitter’s dismissal motion for the…

GoDaddy & Instagram Avoid Liability for Users' Photos of Knockoff Goods--Franklin v. X Gear 101

GoDaddy & Instagram Avoid Liability for Users’ Photos of Knockoff Goods–Franklin v. X Gear 101

The plaintiff owns copyright and trademark registrations in a bear logo. He claims a defendant created a similar-looking bear logo and marketed goods using that logo:   I’ll focus on the court’s treatment of plaintiffs’ claims against GoDaddy and Instagram….

COMO: Content Moderation at Scale Conference Recap

COMO: Content Moderation at Scale Conference Recap

The COMO: Content Moderation at Scale conference was held in Washington DC in early May. It was a follow-up to the Content Moderation and Removal at Scale conference held at Santa Clara University in early February. See my recap of…

Q2 2018 Quick Links, Part 5 (Potpourri)

My email inbox has gotten out of control, and I had to declare partial email bankruptcy. In this post, I’m largely quoting highlights from 18 cases I had flagged for closer review or possible posting over the past 18 months…

Indianapolis Police Have Been "Blinded Lately Because They Shut Backpage Down"

Indianapolis Police Have Been “Blinded Lately Because They Shut Backpage Down”

In the policy discussions about FOSTA, the #1 question always was: if the law works as the organizers predict, will it actually help the victims of sex trafficking? There has always been good reason to believe the answer is no;…

Q2 2018 Quick Links, Part 4 (Social Media, Section 230, Defamation)

Social Media * NY Times: They Tried to Boycott Facebook, Apple and Google. They Failed * Reuters: Philippines complains Facebook fact-checkers are biased * D.R. v. D.A., 17-P-339 (Mass. App. Ct. May 8, 2018). A judge can interpret a Facebook “like”…

Section 230 Helps Facebook Defeat Pro Se Defamation Suit–Jefferson v. Facebook

The court tries to summarize the complaint: On November 17, 2017, Plaintiff Curtis Jefferson filed a Complaint seeking $700 million dollars for character defamation in connection with events that transpired during his arrest in Baltimore, Maryland on September 16, 2015….

Constitutional Challenge Against FOSTA Filed--Woodhull v. US (Guest Blog Post)

Constitutional Challenge Against FOSTA Filed–Woodhull v. US (Guest Blog Post)

by guest blogger Alex F. Levy Pres. Trump signed the “Allow Victims to Fight Online Sex Trafficking Act” (FOSTA) into law on April 11, 2018. As many critics predicted, the law had an immediate chilling effect on a significant amount…

Q2 2018 Quick Links, Part 2 (Copyright)

* Naruto v. Slater (9th Circuit April 23, 2018). The monkey selfie case ends (for now?) with a whimper. The monkey has constitutional standing (per a misguided 9th Circuit precedent that should be overturned) but Naruto as a monkey lacks…