A 512(f) Case Leads to a Rare Damages Award (on a Default Judgment)–California Beach v. Du

[VOTE EARLY AND IN-PERSON OR VIA OFFICIAL DROPOFF BOXES. DON’T RELY ON THE USPS TO DELIVER THE MAIL ON TIME!] The plaintiff sells “Pop N Go” playpens. Allegedly, up to 98% of the plaintiff’s revenues come from Facebook and Instagram….

Yet Another Twitter Account Suspension Case Fails--Jones v. Twitter

Yet Another Twitter Account Suspension Case Fails–Jones v. Twitter

Jones had a Twitter account @aboxoffrogs. Twitter permanently suspended the account for hateful conduct. Jones sued Twitter (pro se) for (1) defamation, (2) tortious interference, (3) aiding and abetting, (4) conspiracy, (5) ratification, (6) retraction, (7) violation of Section 230(c),…

Justice Thomas Writes a Misguided Anti-Section 230 Statement "Without the Benefit of Briefing"--Enigma v. Malwarebytes

Justice Thomas Writes a Misguided Anti-Section 230 Statement “Without the Benefit of Briefing”–Enigma v. Malwarebytes

Last year, the Ninth Circuit ruled that a plaintiff could plead around Section 230(c)(2)(B), the safe harbor for providing filtering instructions, by claiming that the filtering was motivated by anticompetitive animus. Last week, the Supreme Court denied certiorari. This isn’t…

Another Tough Ruling for Print-on-Demand Vendors–Sid Avery v. Pixels

Sid Avery photographed celebrities in the 1950s-1970s. At issue are six of his photos, all governed by the 1909 Copyright Act. Pixels[.]com is a print-on-demand vendor. Like Redbubble, it functions primarily as a marketing front-end; it outsources all manufacturing to…

Facebook Doesn’t Have a Duty to Prevent a Murder–Godwin v. Facebook

In 2017, Steve Stephens murdered Robert Godwin Sr. On the day of the murder, Stephens made the following post to Facebook: FB my life for the pass year has really been fuck up!!! lost everything ever had due to gambling…

Twitter Wins Another Account Suspension Case--Wilson v. Twitter

Twitter Wins Another Account Suspension Case–Wilson v. Twitter

I previously blogged the plaintiff’s virtually identical lawsuit in June. The plaintiff claimed Twitter suspended his account because he’s a heterosexual Christian. The court rejected all of his claims, including his allegations that Twitter was a state actor and Twitter…

512(f) Claim Survives Motion to Dismiss–Brandyn Love v. Nuclear Blast America

[Remember that our country is facing multiple existential threats. PLEASE VOTE.] This case involves two “heavy metal” bands, “We Are the End” and “Rings of Saturn” (the Spotify bio describes Rings of Saturn as “a progressive, technical deathcore outfit”). I…

Section 230 Preempts Another Facebook Account Termination Case--Zimmerman v. Facebook

Section 230 Preempts Another Facebook Account Termination Case–Zimmerman v. Facebook

Another pro se lawsuit over Facebook account terminations fails. Some background on the case. This is an easy Section 230 case: “A social media site’s decision to delete or block access to a user’s individual profile falls squarely within this…

Sen. Graham Cares More About Trolls Than Section 230 (Comments on Online Content Policy Modernization Act)

Sen. Graham Cares More About Trolls Than Section 230 (Comments on Online Content Policy Modernization Act)

I’m blogging yet another terrible Section 230 reform proposal: S. 4534, the ‘‘Online Freedom and Viewpoint Diversity Act’’ (introduced by Sens. Wicker, Graham, and Blackburn), which has been rolled into S. 4632, the “Online Content Policy Modernization Act.” Despite the…

Twitter Isn't Liable for Defamatory Impersonation Account--Brikman v. Twitter

Twitter Isn’t Liable for Defamatory Impersonation Account–Brikman v. Twitter

This is a pro se lawsuit, which explains why the plaintiffs tried obviously doomed arguments that (I hope) no attorney would make in 2020. The plaintiffs are affiliated with a Brooklyn synagogue, Kneses Israel of Seagate. Someone created a Twitter…