Brazil’s Internet Bill of Rights Compared to Section 230 (Excerpt from My Internet Law Casebook)
I recently announced the release of my 2014 Internet Law casebook. For this year’s edition, I added a module exploring comparative intermediary liability, explaining how Section 230 differs from some other intermediary regulatory schemes adopted around the globe. Below, I’ve…
Does Yelp Have The ‘Most Trusted Reviews’? A Court Wants To Know More (Forbes Cross-Post)
Few online algorithms generate as much criticism as Yelp’s algorithm for filtering its users’ reviews, but Yelp has so far successfully avoided a serious legal challenge to its filter. Recently, a California appellate court green-lighted a lawsuit over how Yelp…
2014 Internet Law Casebook and Syllabus Now Available
My 2014 Internet Law syllabus and updated casebook ($8 DRM-free PDF download) are now online. This year I’m celebrating my 20th year teaching the course! (For more background on my Internet Law course, see this essay). This post will explain…
‘Silk Road’ Ruling Will Hurt Online Commerce (Forbes Cross-Post)
You may have heard of Silk Road, an online marketplace that enabled hard-to-trace buying and selling of illegal goods. The court says it was “as if the purchases were occurring on eBay;” buyers and sellers could even leave feedback about…
Q2 2014 Quick Links, Part 4 (Content Regulation, Prostitution & More)
Content Regulation * Jancik v. Redbox Automated Retail, LLC, 2014 WL 1920751 (C.D. Cal. May 14, 2014) (cites omitted). Another websites-and-ADA case diverging from the troubling 2012 Netflix ruling: However, the Redbox Instant website and the Redbox kiosks cannot be…
Another Blogger Wins a Fair Use Defense For a Photo–Leveyfilm v. Fox Sports
Danielle Wysocki blogged at “The Jersey Catcher,” a sports blog for women. On December 6, 2010, she blogged about a lawsuit over the 1985 novelty rap song “The Super Bowl Shuffle,” sung by members of the Chicago Bears football team….
Four Unanswered Questions From Aereo’s Supreme Court Loss (Forbes Cross-Post)
The Supreme Court ruled that Aereo infringed broadcasters’ copyrights by transmitting, in near-real-time, the stream of over-the-air television broadcasts, even when it did so at viewers’ direction. Adopting a pragmatic and functional assessment of Aereo’s activities, the majority held that…
Want To Encourage Gossipy Content Online? Go For It–Jones v. TheDirty (Forbes Cross-Post)
In 1996, Congress enacted a crucial Internet law, 47 USC 230 (Section 230), which says that websites aren’t liable for third party content. This law, though sometimes counterintuitive, has played a huge and helpful role in the Internet’s growth by…
Section 230 Immunizes Website For Super-User’s Doxxing–Internet Brands v. Jape
Internet Brands runs a UGC website for boating enthusiasts. It gives some super-users the power to delete promotional posts, but “Spam deleters are not authorized to ban users, remove posts or delete discussion threads,” and they don’t get paid. Although…
Another Section 230 Win For Ripoff Report–Torati v. Hodak
Daniel Hodak posted negative comments about Hezi Torati to Ripoff Report. Torati sued Hodak and, in this ruling, asks for permission to add Ripoff Report and Ed Magedson as defendants. The court quickly shuts down this request. The court first…