Another 512(f) Claim Fails–Ningbo Mizhihe v Doe
The plaintiff is a Chinese vendor that claims copyright in unicorn images (see depictions on the right). The defendants are also vendors using unicorn images. The plaintiff accuses the defendants of infringing the plaintiff’s copyrights. In support of that, the…
Lime’s User Agreement Sends Another Case to Arbitration–Babcock v. Neutron
This is another personal injury lawsuit against Lime for e-scooter rentals. You do know that rent-a-e-scooters are death sticks, right? Lime invoked the arbitration clause in its User Agreement. As usual, the key question is: was the User Agreement properly…
2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising)
Copyright * In re DMCA Subpoena to Reddit, Inc., 2020 WL 999788 (N.D. Cal. March 2, 2020). Court quashes 512(h) subpoena because the underlying publications were protected by fair use. This is your reminder that 512(h) subpoenas routinely unmask individuals…
Redbox’s Terms of Use Fail (OUCH)–Wilson v. Redbox
Redbox allegedly sent unwanted texts to Wilson. Wilson sued for TCPA violations. Redbox invoked the arbitration clause in its TOU. The court says the TOU did not properly form and denies the arbitration request. Ouch. Wilson joined Redbox in 2007…
Another Troubling Courtroom Loss for Online Marketplaces–Massachusetts Port Authority v. Turo
Turo is a peer-to-peer marketplace for car rentals. “Colloquially put, Turo is the ‘Airbnb’ of private motor vehicles.” Though Turo doesn’t dictate where the buyer and seller exchange the car, Turo facilitates matches at airports, either by the seller leaving…
Defendants Keep Getting Arbitration Despite the Anarchy in Online Contract Formation Doctrine
Online contract formation law has gotten strange. The proliferation of “wrap” variations has tied up judges in knots. Despite the increasingly baroque and incoherent legal doctrines, the bottom line has largely remained the same: most online contracts are properly formed…
Top Internet Law Developments of 2019
It’s increasingly hard to find good news in Internet law, so I organized this year’s Internet Law roundup by categories of doom. Trigger warning: you should grab some tissues before proceeding. Doomed (in a Bad Way) Doomed: User-Generated Content. It…
Huuuge Mistake in Contract Formation
This is a lawsuit alleging that Huuuge’s gaming app violates Washington’s gambling statute. The particular ruling focuses on whether the app can force users to arbitrate their claims. The district court (Judge Leighton, who is hearing a slew of these…
CreateSpace Isn’t Liable for Publishing Allegedly Infringing Uploaded Book–King v. Amazon
King wrote a book, From Brooklyn to the Grave. King asked his ex-girlfriend, Thomas, to help edit and publish the book. Thomas published the book via Amazon’s CreateSpace. King claims that Thomas expropriated the manuscript and thus Amazon never had…
Review Services Aren’t Liable for Removing Business Profiles (and Associated Reviews)–PCS v. HomeAdvisor
This case is an interesting, but equally unmeritorious, variation of the many lawsuits seeking to impose “must-carry” obligations on UGC sites. The defendants are consumer review sites Angie’s List and HomeAdvisor. The lead plaintiff is a home contractor. It had…