Catching Up on X’s TOS Formation Cases
Checking in on X’s TOS formation after its embarrassing TOS formation loss in the Skaggs case. If you don’t recall that opinion, maybe start with that post? Rose v. SpaceXAI LLC, 2026 WL 3169664 (N.D. Cal. Oct. 22, 2026) Some…
Section 230 Blocks Lawsuits That “Meddle” With Online Publishers’ Editorial Decisions–Shared v. Meta
The Ninth Circuit’s Section 230 jurisprudence has dev0lved into a drama-filled implosion, so it’s shocking (in a refreshing way) when the Ninth Circuit nowadays issues a normal, straight-down-the-middle Section 230 opinion without any caveats, tricks, or angst. I have a…
Alex Berenson’s Deplatforming Lawsuit Fails in the Second Circuit–Berenson v. Gottlieb
Alex Berenson is a one-time N.Y. Times reporter whose life appears to have taken an unfortunate turn in the wake of MAGA and COVID. According to his Wikipedia entry: During the coronavirus pandemic, Berenson appeared frequently in American right-wing media,…
Four Justices, One Mega-Publisher, and a Supreme Court Copyright Debacle (Guest Blog Post)
by Prof. Guy Rub, Temple University Beasley School of Law What do Amy Coney Barrett and Ketanji Brown Jackson do for a living? The obvious answer is that they are Associate Justices of the United States Supreme Court. That is…
My Reddit AMA on the Law of Web Scraping
On Friday, I did a Reddit AMA with the r/WebScrapingInsider subreddit about the law of web scraping. You can see the entire discussion here. I posted an introduction to the AMA, which I am sharing here: __ Hi everyone, and…
Uber Guests Aren’t Bound By Uber’s TOS–Walker v. Uber
A section from my Internet Law casebook’s chapter on online contracts is titled: “Uber’s TOS Formation Madness. An entire chapter could be dedicated solely to Uber’s TOS dramas!” Here’s another dramatic entry in the annals of Uber’s TOS history. The…
Lawyer’s Fee Agreement Gagging Client Reviews Is Illegal–LS Carlson Law v. Sedgwick
Katie Sedgwick is a former client of LS Carlson Law. It sounds like she didn’t love working with them. She negatively reviewed the firm on Yelp. I had difficulty finding the original review. In response, the firm sued her for…
Grok’s TOS Formation Failed–Skaggs v. X.ai
This case naturally raises some questions that Musk might choose to pose to Grok, like: “Grok, is it bad when TOS formation fails?” “Grok, what are best practices for TOS formation and does our current TOS formation process satisfy those?”…
LinkedIn’s Insight Tag Creates Legal Entanglements–Doe v. LinkedIn
This opinion is an offshoot of the multitudinous Meta Pixel cases. LinkedIn offered its own tracking technology called the Insight Tag. Prior blog post. In this case, two healthcare entities, Covered California and Nevada Health Link, installed the Insight Tag,…
Ninth Circuit Lifts Restrictions on Agentic AI Accessing Amazon
by guest blogger Kieran McCarthy I recently described the district court’s decision in the case of Amazon v. Perplexity as “a shockingly poor effort to grapple with CFAA applicability to agentic AI technology.” The Ninth Circuit appears to have agreed….