Trademark Injunction Issued Against Print-on-Demand Website–Harley Davidson v. SunFrog
The print-on-demand business is a legally risky one. As I recently blogged, in June a court ruled that Zazzle did not qualify for the DMCA 512 safe harbor. This ruling is even more troubling. Are the days of print-on-demand services…
Facebook Defeats Lawsuit Over Failure to Remove User Pages–Cross v. Facebook
[It’s impossible to blog about Section 230 without reminding you that Congress is on the cusp of gutting it.] The principal plaintiff, performer Mikel Knight, was the subject of critical Facebook posts related to two fatal accidents by his tour…
Sen. Portman Says SESTA Doesn’t Affect the Good Samaritan Defense. He’s Wrong
When introducing the Stop Enabling Sex Traffickers Act of 2017 (S. 1693, the Senate’s anti-Section 230 bill), Sen. Portman said (emphasis added): There are some groups who have been critical of this effort to hold backpage accountable and stop this…
Section 230 Helps Yahoo Defeat Lawsuit Over Online Harassment Campaign–Hall v. Yahoo
[It’s impossible to blog about Section 230 without reminding you that Congress is on the cusp of gutting it.] Thomas Hall is a lawyer and author. He claims he was targeted for email harassment by several individuals. He further claims…
Section 230 Helps VRBO Defeat Claim Over Fraudulent Listing–Hiam v. Homeaway
[It’s impossible to blog on Section 230 rulings right now without acknowledging that Section 230 is facing its most serious threat to date. I doubt the bills would change the result in this ruling, but the bills would so radically…
1H 2017 Quick Links Part 7 (Fake News, RTBF, Censorship, Extremist Content)
Fake News * NY Times: From Headline to Photograph, a Fake News Masterpiece * Data and Society: Media Manipulation and Disinformation Online * Wired: Inside the Macedonian Fake-News Complex * Mark Verstraete, Derek E. Bambauer, & Jane R. Bambauer, Identifying…
Senate’s “Stop Enabling Sex Traffickers Act of 2017”–and Section 230’s Imminent Evisceration
A new anti-Section 230 bill, the Stop Enabling Sex Traffickers Act of 2017, will be introduced in the Senate imminently, perhaps tomorrow. [UPDATE: It has been introduced as S. 1693]. It is being introduced by six senators (Senators Portman, Blumenthal,…
1H 2017 Quick Links, Part 6 (Defamation, Section 230, Consumer Reviews)
Defamation * Gillon v. Bernstein, Civ. No. 2:12-4891 (WJM) (D.N.J. Nov. 3, 2016). No liability for negative Ripoff Report. * Jackson v. Mayweather, 2017 WL 1131869 (Cal. Ct. App. March 27, 2017). CA’s anti-SLAPP law protects the following Facebook/Instagram post: “the real reason me…
1H 2017 Quick Links, Part 4 (Copyright, Patent, More)
Copyright * Design Basics, LLC v. Lexington Homes, Inc., 858 F.3d 1093 (7th Cir. 2017). Three noteworthy passages from this case: – “the existence of the plaintiff’s copyrighted materials on the Internet, even on a public and “user‐friendly” site, cannot…
When Do Review Websites Commit Extortion?–Icon Health v. ConsumerAffairs
Icon Health and Fitness manufactures exercise equipment, such as the well-known NordicTrack. ConsumerAffairs is a review website. Like many other review websites, its business model is predicated on payments from reviewed businesses. However, ConsumerAffairs’ specific practices raise some extra questions….