2H 2015 Quick Links, Part 8 (Consumer Reviews, Google)
Consumer Reviews * In the hotel industry, “social media postings are resulting in additional capital expenditures as owners become more aware of and respond to criticisms and unfavorable comments. This effect became significant starting around 2012 and continues to increase.”…
2H 2015 Quick Links, Part 5 (Section 230, Pornography)
Section 230 * Backpage.com, LLC v. Dart, 2015 WL 7717221 (7th Cir. Nov. 30, 2015) In his public capacity as a sheriff of a major county (Cook County has a population of more than 5.2 million), Sheriff Dart is not…
2H 2015 Quick Links, Part 1 (Copyright)
* Norberto-Colon Lorenzana v. South American Restaurants Corp., No. 14-1698 (1st Cir. Aug. 21, 2015): “a chicken sandwich is not eligible for copyright protection. This makes good sense; neither the recipe nor the name Pechu Sandwich fits any of the…
No Fee Shift In Bogus Lawsuit Against Review Website–Roca v. PissedConsumer
In October, a court issued a really interesting and decisive Section 230 defense win. I ran out of time to blog it, but a recent follow-on ruling gives me an opportunity to ccover both rulings. The October Ruling Roca Labs…
Can YouTube ‘Remove And Relocate’ User Videos Capriciously?–Darnaa v. Google (Forbes Cross-Post)
Most of us uploading YouTube videos aren’t deeply invested in their continued availability. If YouTube removed our videos or relocated them to a different URL, we might be puzzled why but otherwise would probably shrug our shoulders. However, YouTube is…
Facebook Can Legally Block Pages Without Any Explanation–Sikhs For Justice v. Facebook (Forbes Cross-Post)
For many users, Facebook feels like a utility. Facebook users use Facebook to create new things and expect it to work reliably; users don’t expect Facebook will terminate them capriciously. Thus, when Facebook blocks users’ content, it can be shocking…
Another Court Says It’s OK To Link To Defamatory Content–Slozer v. Slattery
Another court has ruled that linking to defamatory content isn’t a defamatory republication of the content. I just blogged on a similar result in Life Designs Ranch, Inc. v. Sommer. The only twist here is that the person posted the…
No Liability for Linking to Defamatory Content–Life Designs Ranch v. Sommer
The plaintiffs run Life Designs Ranch, a substance abuse aftercare program that the defendant’s son participated in. Unhappy about billing issues, the defendant Sommers threatened Life Designs that “I am willing to get legal with this. Are you? I would…
Amazon AppStore and Google Play Defeat Lawsuit Over Infringing App Name–Free Kick Master v. Apple (Forbes Cross-Post)
Plaintiffs often target app stores for issues with third party apps. A recent court ruling in favor of Amazon’s AppStore and Google Play highlights the legal risks faced by app stores, as well as the benefits to consumers and society…
Grieving Parents (Still) Can’t Sue Topix For Son’s Oxy Overdose–Witkoff v. Topix (Forbes Cross-Post)
Is it possible to find illegal drugs using the Internet? Sure. But when illegal drug transactions occur, or worse, the drugs lead to tragedy, who should bear the blame? An appellate ruling involving Topix.com reiterates that user-generated content websites aren’t…