What Does a Hologram Trademark Signify When the Hologram Isn’t There?–Upper Deck v. Pixels
Pixels is a print-on-demand vendor. Pixels’ users have uploaded various images associated with Michael Jordan sports trading cards. Here’s an example: If this were a framed original of the trading card, the First Sale doctrine should apply. If it were…
Section 230’s Application to Account Terminations, CSAM, and More
The Section 230 cases keep coming faster than I can blog them (the first 3 hit my alerts in a single day). Weiss v. Google LLC, 2026 WL 733788 (Cal. App. Ct. March 16, 2026) Weiss’ business started running financial…
Catching Up on Some Social Media Addiction Rulings
The KGM bellwether trial is continuing in Los Angeles. Meanwhile, this post rounds up three related developments that are taking place outside the media spotlight. Snap, Inc. v. Eighth Judicial District, 2026 WL 501564 (Nev. Supreme Ct. Feb. 23, 2026)…
Section 230 Preempts Lawsuit Over Unwanted Gmail Spam–Dor v. Google
The plaintiff, Francesse Senat Dor: asserts that Google’s spam filter failed to block abusive, spoofed, and spam emails from reaching her Gmail account. She says that reading these emails caused her emotional distress, and although she does not allege that…
A First-Hand Look at the Messy Underbelly of DMCA 512(c) Takedowns
From 2009-2013, I used Scribd as my primary hosting service. I posted nearly 800 files there over a roughly four year period. Progressively, I became disenchanted with Scribd, including their efforts to put my uploads behind their own paywall and…
Pre-Publication Content Moderation Can Disqualify Services from the DMCA 512(c) Safe Harbor–McGucken v. ShutterStock
The Second Circuit’s 512 jurisprudence is an unpredictable roller coaster. I can think of at least two other times when the Second Circuit has reversed a clean lower court ruling to unleash further plaintiff-favorable doctrinal chaos (the Viacom v. YouTube…
Reflections on Section 230’s Past, Present, and Future on Its 30th Anniversary
The Telecommunications Act of 1996 became law thirty years ago today, on February 8, 1996. Buried in a corner of that sprawling law was Section 230, a law that says websites aren’t liable for third-party content. Section 230 didn’t receive…
Another Confusing Internet Jurisdiction Opinion (This Time, from the 1st Circuit)–Stokinger v. Armslist
I previously summarized: “This case involves the tragic shooting of a police officer. The shooter acquired the gun illegally from a seller who had acquired the gun via Armslist.” Armslist’s gun sale occurred in 2015. The shooting took place in…
Salesforce Still Can’t Avoid Tertiary Liability FOSTA Claims–GG v. Salesforce
This is one of numerous FOSTA cases seeking to hold Salesforce liable for providing vendor services to Backpage. I describe these as “tertiary liability” cases because Salesforce’s involvement is three hops away from the victim: sex trafficking victim <== Backpage…
Copyright Takedown Notices Don’t Require Services to Find and Remove Other Identical Copies–Athos v. YouTube
I previously summarized this case: Athos owns the copyrights to many classic Mexican films. Users regularly upload its film clips to YouTube. These uploads have irritated Athos since 2014. However, Athos rejected YouTube’s fast-lane options for copyright owners (such as…