Strike 3’s Copyright Litigation Campaign Completely Strikes Out

Another judge denies an unmasking subpoena to Strike 3, even though the judge has previously issued subpoenas to Strike 3, and even though it may mean that Strike 3’s infringement case will fail and Strike 3 will be left without…

Legal Research Services Are Struggling With Emojis and Emoticons

Legal Research Services Are Struggling With Emojis and Emoticons

Jennifer L. Behrens, a law librarian at Duke Law School, has posted an article: “Unknown Symbols”: Online Legal Research in the Age of Emoji.” She conducted numerous search queries to see how the major legal research services handled case opinions…

Two Examples of How Courts Interpret Emojis

As I’ve noted before, we haven’t gotten a U.S. court opinion thoroughly interpreting emojis. The most incisive emoji law opinion to date remains the Israeli small claims court opinion that includes the baffling chipmunk emoji. Nevertheless, some court opinions do…

Court Blasts “Copyright Troll” for Treating Courts “as an ATM”–Strike 3 v. Doe

Strike 3 produces pornography. The court calls it a “copyright troll.” It has filed nearly 2,000 copyright infringement cases in the past 13 months. With that many cases, it’s bound to run into a skeptical judge, and whoa, did Judge…

Is the DTSA Ex Parte Seizure Provision Constitutional?

The Defend Trade Secrets Act (DTSA) has been law for 2 1/2 years. At this point, it’s pretty clear the DTSA ex parte seizure provision never belonged in the statute. Courts have ordered only a few ex parte seizures, and…

Cox Loses DMCA Safe Harbor but Gets a New Trial on Contributory Infringement--BMG v. Cox

Cox Loses DMCA Safe Harbor but Gets a New Trial on Contributory Infringement–BMG v. Cox

BMG sued Cox for the alleged copyright infringement of its users. The court described Cox’s “graduated” policy for terminating subscribers: The first notice alleging a subscriber’s infringement produces no action from Cox. The second through seventh notices result in warning emails…

Brief Roundup of Three Keyword Advertising Lawsuit Developments

Brief Roundup of Three Keyword Advertising Lawsuit Developments

1) Xymogen, Inc. v. Digitalev, LLC, 2018 WL 659723 (M.D. Fla. Feb. 1, 2018). This appears to be a typical competitive keyword advertising case, with the twist that the plaintiff also alleges counterfeiting. The defendant moved to dismiss. First, the court finds jurisdiction…

Displaying Emoji Evidence in Judicial Opinions

This is another outtake from my Emojis and the Law paper. I’m nearly done with a massive rewrite of the paper, and this passage appears destined for the cutting-room floor. So I’m sharing it here: ___ Judicial opinions rarely provide…

Frequency of Courts' References to Emojis and Emoticons Over Time

Frequency of Courts’ References to Emojis and Emoticons Over Time

[This is another excerpt from my Emojis and the Law paper.] In preparing the article, I gathered a dataset of all cases I could find in Westlaw and Lexis containing the word “emoticon” or “emoji.” This dataset is subject to…

How a Chipmunk Emoji Cost an Israeli Texter $2,200

How a Chipmunk Emoji Cost an Israeli Texter $2,200

by Gabriella Ziccarelli and Eric Goldman [Eric’s introduction: Gabriella is a star SCU Law alum and an associate at Blank Rome in DC. She is also a former Internet Law student of mine. As a teacher, it’s gratifying to have a former student…