DMCA Counternotification Doesn’t Create Personal Jurisdiction in Copyright Owner’s Home Court–Real v. Matteo
This case combines one of my favorite Internet Law topics, 17 USC 512, with one of my least favorite, personal jurisdiction. TL;DR: if a foreign national submits a 512(g) counternotification, it doesn’t ensure the copyright owner can sue in its home…
Section 230 Again Preempts Suit Against Facebook for Supporting Terrorists–Force v. Facebook
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] This is one of the many cases against social media sites for allegedly providing material support to terrorists. In May 2017, the court dismissed this case…
55 Academics and Advocates Urge NAFTA Trade Negotiators To Add Internet Immunity
55 scholars and organizations submitted a letter to NAFTA negotiators from Canada, Mexico, and the U.S. encouraging them to incorporate Section 230-like protection into NAFTA’s proposed digital trade chapter. Here is the SCU media alert: * * * Fifty-five Internet law experts…
What’s New With SESTA/FOSTA (January 17, 2018 edition)
It’s been over a month since I last blogged about SESTA, FOSTA, and Congress’ efforts to address Section 230 and sex trafficking. So it seems like a good time to do an update on recent developments. The holidays were quiet,…
Search Engines Aren’t Liable for Indexing ‘Scam’ Locksmith Listings–Baldino’s Lock v. Google
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] The plaintiff in this case, Baldino’s Lock & Key, brought a very similar lawsuit in 2014. It alleged that Google indexed scam locksmiths and allowed them…
Online Marketplace Not Enjoined Over Gray Market Goods Sales–Dentsply v. Net32
Dentsply Sirona is a dental supply company. They use a chain of distributors and engage in international price discrimination (i.e., goods in the US market are priced higher than in international markets). Net32 runs an e-commerce site for dental supplies that relies…
Airbnb Gets Crucial Section 230 Win Over Unauthorized Subleases–La Park La Brea v. Airbnb
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] Many of Airbnb’s short-term rental listings are illegal. For example, some listings violate local ordinances regulating short-term rentals. Also, apropos to this case, some listings constitute…
New House Bill (Substitute FOSTA) Has More Promising Approach to Regulating Online Sex Trafficking
Tomorrow, the House Judiciary Committee will markup the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (abbreviated to “FOSTA”). It appears a new substitute version of FOSTA will be marked up, not the bill as introduced. This makes a total of…
Fourth Judge Says Social Media Sites Aren’t Liable for Supporting Terrorists–Pennie v. Twitter
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] This is one of the multitudinous 1-800-LAW-FIRM lawsuits against social media services for allegedly providing material support to terrorists. It has filed at least two new cases…
Social Networking Site Isn’t Liable for User’s Overdose of Drugs He Bought Via the Site–Dyroff v. Ultimate Software
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] This opinion is a contender for the most interesting Section 230 ruling of 2017. It deals with the troubling situation of user-to-user online drug sales; it…