Amending Your TOS? Better Use a Clickthrough Process, Not Email Notice--Alkutkar v. Bumble

Amending Your TOS? Better Use a Clickthrough Process, Not Email Notice–Alkutkar v. Bumble

Alkutkar used the dating app Bumble. He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Bumble successfully redirects the case to arbitration based on its…

When Will Courts Admit Rap Videos/Lyrics Posted to Social Media as Evidence?–US v. Wiley

The federal government is prosecuting Wiley for drug dealing. The government seeks to introduce as evidence YouTube videos that Wiley posted showing him “holding unknown sums of cash, sitting in or near various luxury vehicles, and performing rap songs that…

Messaging Apps Raise Tricky E-Discovery Issues (Guest Blog Post)

Messaging Apps Raise Tricky E-Discovery Issues (Guest Blog Post)

by guest blogger Philip Favro Several recent court cases spotlight the challenges that messaging apps present in litigation. In particular, these cases show that messaging apps—whose features may cause message content to either be kept or deleted—have an outsized impact…

Snapchat May Have a Duty Not to Design Dangerous Software–Maynard v. Snap

The Georgia Supreme Court has issued a troubled, and troubling, opinion in Maynard v. Snap. The opinion will delight law professors who love geeking out about the elements of common law negligence claims. It will also inspire plaintiffs to bring…

A Glimmer of Hope That the Copyright Claims Board (CCB) Won't Turn Into a Troll Factory

A Glimmer of Hope That the Copyright Claims Board (CCB) Won’t Turn Into a Troll Factory

This is much-delayed blog coverage of the Copyright Office’s Notice of Proposed Rulemaking addressing “procedures related to conducting an active proceeding, post-determination review, smaller claims, and the conduct of parties.” The NPRM would allow (1) anyone in a corporate family…

2021 Emoji Law Year-in-Review

2021 Emoji Law Year-in-Review

A recap of emoji law developments in 2021: Court References I maintain a dataset of US court opinions that reference emojis and emoticons. I have compiled the dataset using keyword alerts in Westlaw and Lexis, supplemented by a few opinions…

Twitter Can’t Quash a 512(h) Subpoena

This case involves the Twitter account “@CallMeMoneyBags,” a pseudonymous account. In October 2020, the user posted 6 tweets attacking Brian Sheth, a private equity billionaire, that included photos “depicting a woman or portions of a woman’s body.” The opinion doesn’t…

Comments on the Copyright Office's Copyright Claims Board Rulemaking

Comments on the Copyright Office’s Copyright Claims Board Rulemaking

A year ago, at the nadir of the Trump era, Congress attached the CASE Act to an unrelated must-pass bill and authorized a new “small claims court” for copyright owners (called the Copyright Claims Board, or CCB) housed in the…

Evidentiary Issues With Emojis

Evidentiary Issues With Emojis

[I did an interview for a student research project on emojis as evidence, which I’m sharing here.] Tell us a little bit about yourself! What do you work with today? What’s your background and how did you get the role…

Peloton Can't Bind All Family Members To Its Arbitration Provision--SS v. Peloton

Peloton Can’t Bind All Family Members To Its Arbitration Provision–SS v. Peloton

This case involves the Peloton treadmill (“Tread+”). The treadmill has caused numerous personal injuries, and Peloton has recalled it. In this case, a 3 year old boy suffered personal injuries due to a Tread+ his dad bought. The dad, mom,…