2H 2022 Quick Links, Part 3 (Copyrights and More)

Copyright * Wallster, Inc. v. Redbubble, Inc., 2022 U.S. Dist. LEXIS 198181 (C.D. Cal. Oct. 21, 2022): this Court rejects Wallshoppe’s argument that recklessness is enough to meet the knowledge requirement for contributory copyright infringement… Wallshoppe alleges Defendant has a…

Section 230 Protects a User Sharing an Allegedly Defamatory Facebook Event--AH v. Labana

Section 230 Protects a User Sharing an Allegedly Defamatory Facebook Event–AH v. Labana

This case involves St. Francis High School, a Catholic high school in Mountain View located just a few steps away from my home. In the wake of George Floyd’s death during the early pandemic days, racial tensions were high and…

Another Copyright Owner Learns Why It’s Better to Send DMCA Takedown Notices Before Suing–BMG v. Likee

Likee is a TikTok-like app that allows users to publish short videos, often set to music. Without sending DMCA takedown notices, BMG sued it for direct and contributory copyright infringement. The court dismisses those claims. Direct Infringement. The court says…

Messaging App Isn't Liable for an Offline Murder (Even Without Section 230)--Roland v. Letgo

Messaging App Isn’t Liable for an Offline Murder (Even Without Section 230)–Roland v. Letgo

This is a tragic case involving the marketplace app Letgo. Using an alias, Brown listed a stolen car for sale on the app. The Rolands agreed to meet Brown in person to buy the car. At the meeting, Brown tried…

Prager's Lawsuit Over Biased Content Moderation Decisively Fails Again (This Time, in State Court)--Prager v. YouTube

Prager’s Lawsuit Over Biased Content Moderation Decisively Fails Again (This Time, in State Court)–Prager v. YouTube

Adam Kovacevich has defined the “Prager Effect” as “suing Big Tech to make your MAGA censorship allegation, resulting in Courts significantly strengthening platforms’ legal rights to moderate.” Prager, which makes misleading videos that appear designed to radicalize kids to the…

Facebook Can't Shake Lawsuit Over OnlyFans Bribery Allegations--Dangaard v. Meta

Facebook Can’t Shake Lawsuit Over OnlyFans Bribery Allegations–Dangaard v. Meta

This lawsuit involves troubling allegations that Facebook executives (allegedly, Nick Clegg, Nicola Mendelsohn, and Cristian Perrella) took bribes from OnlyFans-related entities to spike Facebook and Instagram posts that promoted competitors of OnlyFans. Allegedly, the spiking included naming the plaintiffs on…

Another Rough Copyright Ruling for Internet Access Providers--Bodyguard v. RCN

Another Rough Copyright Ruling for Internet Access Providers–Bodyguard v. RCN

This is another lawsuit against IAPs for subscribers’ BitTorrent activity. As I wrote previously: lawsuits against IAPs are problematic for many reasons, including the failure of 512(a), the danger of assuming that notices of claimed infringements (NOCIs) actually reflect infringing…

Snap and Airbnb Aren't Liable for Tragic Shooting--Jackson v. Airbnb

Snap and Airbnb Aren’t Liable for Tragic Shooting–Jackson v. Airbnb

This case involves a tragedy of a minor shooting another minor (the shooter and the victim’s family disagree about whether it was accidental or intentional). The shooter acquired the gun via Snapchat, and the shooting took place at an Airbnb…

Court Again Rejects Lawsuit Over YouTube's Allegedly Discriminatory Content Moderation--Divino v. YouTube

Court Again Rejects Lawsuit Over YouTube’s Allegedly Discriminatory Content Moderation–Divino v. YouTube

LGBTQ+ content creators “claim that despite YouTube’s purported viewpoint neutrality, defendants have discriminated against them based on their sexual or gender orientation, identity, and/or viewpoints by censoring, demonetizing, or otherwise interfering with certain videos that plaintiffs uploaded to YouTube.” In…

"Liking" a Facebook Post Isn't Defamatory--Gallagher v. MaternityWise

“Liking” a Facebook Post Isn’t Defamatory–Gallagher v. MaternityWise

[WISHING YOU AND YOUR FAMILY A HAPPY THANKSGIVING] In 2018, Young posted a Facebook review accusing plaintiff Gallagher of being a sexual predator. Defendant Croudace allegedly “liked” Young’s post. The court says theĀ  “threshold issue is whether, as a matter…