District Court Ruling Highlights Congress’ Hastiness To Pass ‘Worst of Both Worlds FOSTA’– Doe 1 v. Backpage
Backpage has been the poster child for Section 230’s purported failings. The argument goes (1) Backpage facilitates sex trafficking, (2) Section 230 protects Backpage, so (3) Section 230 is evil. That was the core message of the so-called “documentary” I Am Jane…
Ninth Circuit Reinstates Virtual Platform Gambling Lawsuit Against Big Fish
This is a lawsuit against the parent of Big Fish Games (Churchill Downs*), alleging that the Big Fish Casino offers illegal gambling. The district court dismissed. (Here’s my post on that ruling: “Big Fish’s Virtual Casino Doesn’t Violate Washington’s Gambling Statute.”)…
Section 230 Doesn’t Prevent City Regulation of Short-Term Rental Services (Again)–HomeAway v. Santa Monica
[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] In my list of top 10 Internet Law cases of all time, Airbnb v. San Francisco appeared as an honorable mention because it showed how any regulator could regulate…
Adpocalypse LawsuitGoBoom–ZombieGoBoom v. YouTube
In 2017, YouTube reconfigured its ad delivery algorithm to screen out videos that it thought advertisers disfavored. The resulting turmoil was popularly called the “Adpocalypse” because it dried up revenues for many YouTube channels. This includes the operator of the Zombiegoboom…
D.C. Circuit Makes Geoblocking De Facto Mandatory for Copyright Law Purposes–Spanski v. TV Polska (Guest Blog Post)
by guest blogger Marketa Trimble On March 2, 2018, two events occurred that will affect the future of the use of geoblocking: The Official Journal of the European Union published the new EU Anti-Geoblocking Regulation, and coincidentally on the same day,…
Video News Aggregator Loses Fair Use Defense–Fox v. TVEyes
TVEyes aggregates video newsclips, makes them searchable, and lets subscribers watch responsive clips. One use case is for companies’ communications departments. They can set up searches for their brands in TVEyes’ database and monitor what’s being said about them. To…
Plaintiff’s Location-Based Privacy Claim Against BART Reporting App Fails
In Moreno v. S.F. Bay Area Rapid Transit District, the plaintiff sued BART and Elerts Corporation for allegedly violating several California privacy statutes and infringing plaintiff’s common law and constitutional privacy rights. The court rejects the claims. BART, in cooperation…
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…
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…