Eleventh Lawsuit Against Social Media Providers for “Materially Supporting Terrorists” Fails–Palmucci v. Twitter

This case is before the same district court judge who handled Fields v. Twitter and Copeland v. Twitter.ย It involves the 2015 terrorist attack in Paris, but “[t]here are no allegations in the AC that Abaaoud, Laachraoui, or any of the…

Another Appellate Court Rejects “Material Support for Terrorist” Claims Against Social Media Platforms–Crosby v. Twitter

This suit involves the Pulse Nightclub shooting in Orlando, Florida. The shooter Mateen claims to have self-radicalized by consuming terrorist content on social media. After the shooting, ISIS claimed responsibility. The plaintiffs didn’t sue Mateen or ISIS but instead sued…

Section 230 Applies to ADA Closed Captioning Claims–National Federation of the Deaf v. Harvard

Harvard publishes a lot of video online, both on servers it operates and through third-party services like YouTube. Only some of that video has “timely, accurate closed captioning.” The National Federation of the Deaf sued Harvard for ADA violations and…

Recap of the Copyright Office’s Section 512 Study Roundtable

On Monday, I participated in a Copyright Office roundtable regarding their long-delayed report on Section 512. The roundtable was intended to update the study’s record from 2017, when progress stalled on the report. Thus, the topic nominally was to discuss…

How Have Section 512(f) Cases Fared Since 2017? (Spoiler: Not Well)

On Monday, I’m participating in a Copyright Office workshop on Section 512. The workshop supports the Copyright Office’s long-pending Section 512 report, which started in 2015 but stalled out in 2017. To freshen up the project, the workshop will cover…

Online Marketplace Defeats Trademark Suit Because It's Not the "Seller"--OSU v. Redbubble

Online Marketplace Defeats Trademark Suit Because It’s Not the “Seller”–OSU v. Redbubble

Redbubble is an online marketplace for artists. It outsources many of its functions. Its artist-vendors “are automatically connected with a third-party manufacturer to make the goods.” Redbubble also uses third-party services to package/ship goods and process payments. It appears much…

New Paper Announcement: “Copyright’s Memory Hole”

I’m pleased to announce a new paper, “Copyright’s Memory Hole,” co-authored with Northeastern Law professor Jessica Silbey. The paper is still in draft form, and Jessica and I plan to do a major edit to the paper this summer. So…

Important Section 230 Ruling from the Second Circuit–Herrick v. Grindr

This case involves an e-personation attack caused by fake Grindr postings from an ex-boyfriend. The victim claims to have contacted Grindr dozens of times seeking relief, to no avail. The victim sued Grindr for the attack, styling the case as…

March Madness! Court Dismisses Lawsuit Over Massive Cyberattack After Basketball Game Loss--Higgins v. Kentucky Sports Radio

March Madness! Court Dismisses Lawsuit Over Massive Cyberattack After Basketball Game Loss–Higgins v. Kentucky Sports Radio

Today’s opinion starts out with an understatement: “This case presents a familiar situation where some sports fanatics overreacted about the outcome of a basketball game.” The game in question is the 2017ย โ€œElite Eightโ€ game between the University of Kentucky and…

Ruling in Emoji Beach Ball IP Case Left Me Confused ๐Ÿ˜•--Kangaroo v. Amazon

Ruling in Emoji Beach Ball IP Case Left Me Confused ๐Ÿ˜•–Kangaroo v. Amazon

This case involves the alleged counterfeiting of emoji beach balls on Amazon. It doesn’t get into emoji-specific IP issues and devolves into a garbled tangle over Amazon marketplace product catalog issues. Still, EMOJI LAW ALERT!!! ๐Ÿ˜ฒ The plaintiff makes emoji…