Another Example of How "Notice and Explanations" Requirements are a Liability Trap--Shared v. Facebook

Another Example of How “Notice and Explanations” Requirements are a Liability Trap–Shared v. Facebook

Shared.com is a content producer. It ran Facebook self-service ads and participated in Facebook’s “instant articles” program that let Facebook embed ads in its content in exchange for a revenue cut. Starting in 2018, Shared “lost access” to the instant…

Photo Licensing Service Qualifies for DMCA Online Safe Harbor–Steinmetz v. ShutterStock

This is a 512(c) online copyright safe harbor case. We rarely see opinions like this any more. In 2022, I’ve blogged just one other 512(c) case (Davis v. Pinterest). (Business Casual v. YouTube should have been a 512(c) case, but…

Section 230 Protect Apple's App Store from Claims Over Cryptocurrency Theft--Diep v. Apple

Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple

This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). The plaintiffs’…

Section 230 Doesn't Protect App Stores That Sell Virtual Chips for Casino Apps--In re Apple App Store

Section 230 Doesn’t Protect App Stores That Sell Virtual Chips for Casino Apps–In re Apple App Store

Introduction This case relates to “social casino apps” that simulate casino games like slot machines. Players pay real cash to buy virtual chips, which they can only use in the app, i.e., the player can never cash out their virtual…

Another Tough Ruling for People Search Databases--Camacho v. Control Group Media

Another Tough Ruling for People Search Databases–Camacho v. Control Group Media

This is another people search case with another rough outcome for defendants. If the defendants in these cases don’t get relief on appeal, I don’t know how the people search and yearbook industries are going to survive. [Note: this opinion…

Snap’s TOS Fails (Uh Oh)–Doffing v. Facebook

This is one of the dozens of lawsuits alleging that social media services addict kids. Those cases cover the same ground as CA AB 2408, which recently died in the California legislature. The plaintiffs’ lawyers are proceeding in court anyway….

Publicity Rights Claim Isn't Preempted by Section 230--Albert v. Tinder

Publicity Rights Claim Isn’t Preempted by Section 230–Albert v. Tinder

This is a pro se lawsuit against Match and Tinder for fake dating profiles in the plaintiff’s name. I’m going to focus on the publicity rights claim piece of the lawsuit. Match invoked Section 230. The court says that Match…

HuffPost Contributor Isn't an "Agent," So Their Content Qualifies for Section 230--KGS v. Huffington Post

HuffPost Contributor Isn’t an “Agent,” So Their Content Qualifies for Section 230–KGS v. Huffington Post

This long-running lawsuit relates to publications made in 2015. I previously blogged a related Alabama Supreme Court ruling involving Facebook in 2019. In that post, I summarized the complicated and heart-breaking facts: This case involves an allegedly “predatory” adoption. As…

Retweets ≠ Endorsements (As a Matter of Law)--Flynn v. CNN

Retweets ≠ Endorsements (As a Matter of Law)–Flynn v. CNN

Some members of Gen. Michael Flynn’s family sued CNN for implying that they are QAnon followers. The case involves: a report aired by CNN on February 3, 2021, which was entitled “CNN Goes Inside a Gathering of QAnon Followers.” The…

School Can Discipline Student for Impersonating Teacher Online, Even if Other Students Added the Worst Content--Kutchinski v. Freeland School District

School Can Discipline Student for Impersonating Teacher Online, Even if Other Students Added the Worst Content–Kutchinski v. Freeland School District

This case involves a 14 year old student HK (and his friends) who, while off-campus, thought it would be funny to create a fake Instagram profile of his biology teacher, Schmidt. I’ve blogged SO MANY similar cases since 2005 (see…