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…
Commenting on Viral Video Is Fair Use–Equals Three v. Jukin Media
This is a copyright lawsuit over viral videos. Jukin Video apparently finds and acquires the rights to viral videos. It reached 1 million subscribers on YouTube and has over 17,000 videos available for licensing. Equals Three produces short humor programs…
The Benefits Of Self-Publishing Electronic Casebooks (Forbes Cross-Post)
Recently, the Washington Journal of Law, Technology & Arts published an online symposium called “Disruptive Publishing Models.” The articles discuss different initiatives to disrupt the traditional model for publishing legal casebooks and how those initiatives are driving down students’ costs…
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…
Travel Blogger Denied Tax Writeoff For European Backpacking Trip (Forbes Cross-Post)
It sounds like every blogger’s dream: take a half-year vacation to travel the globe–and make the trip tax-deductible by blogging it! Unfortunately, you can’t cheat the tax man so easily, as one enterprising blogger discovered the hard way. The Case…
Ninth Circuit Rejects Video Privacy Protection Act Claims Against Sony
This lawsuit asserts Sony failed to purge Video Privacy Protection Act-covered information and made impermissible transfers to an affiliated entity. The district court dismissed, among other reasons, because it found the VPPA did not create a cause of action for…
Crowdsourcing Platform Isn’t Liable For Fraudulent Fundraiser–GiveForward v. Hodges (Forbes Cross-Post)
Inevitably, crowdsourcing platforms will enable fraudulent activities. When should the platform take legal responsibility for that fraud? A recent case suggests that crowdsourcing platforms have substantial legal protections for their users’ fraudulent campaigns. The Case This case involves an 8…
Recent FCC Order Helps Shopkick Defeat TCPA Claims
This is a TCPA lawsuit against Shopkick, a rewards-based app that lets shoppers accumulate and use in-store rewards. Plaintiff brought a putative class action, alleging that Shopkick caused invites to be sent to users’ contacts. Shopkick previously filed a motion…
Gmail Terms of Service Apply to reCAPTCHA During Account Formation–Rojas-Lozano v. Google
This lawsuit against Google alleges that Google unfairly benefits from deploying a CAPTCHA process when users sign up for free gmail accounts. Specifically, the complaint alleged that Google unnecessarily included a second image in the CAPTCHA, and it relies on users…
Jawbone Plaintiff Can Invoke California Choice of Law Provision in Service Agreement
This is a lawsuit against Jawbone, a fitness tracker app, alleging that Jawbone’s battery life was significantly shorter than promised, and that it failed to accurately track and measure movement, calorie expenditure, and sleep: [plaintiff] appeared inactive when he had…