Unhappy AdWords Advertiser’s Lawsuit Partially Survives Motion to Dismiss–Dreamstime v. Google

Dreamstime sells stock photos. It started running Google AdWords in 2004. In 2015, Google organic (?) referrals to Dreamstime “plummeted,” allegedly reducing its number of new customers by 30% in a year.  (The opinion isn’t crystal-clear that the traffic drop was…

An Analysis of Title I and Title III of The Music Modernization Act, Part 2 of 2 (Guest Blog Post)

Guest Blog Post by Tyler Ochoa [This is part 2 of a 2-part series on the Music Modernization Act. Check out part 1 before reading this post.] The Musical Works Database One of the most important provisions in the MWM…

An Analysis of Title I and Title III of The Music Modernization Act, Part 1 of 2 (Guest Blog Post)

Guest Blog Post by Tyler Ochoa On October 11, 2018, President Trump signed into law H.R. 1551, the Orrin G. Hatch-Bob Goodlatte Music Modernization Act, which became Public Law 115-264, 132 Stat. 3676.  It contains three titles pertaining to copyright…

Twitter’s TOS Upheld Despite Unilateral Amendment Clause—Brittain v. Twitter

This is one of the many Trump-associated lawsuits (#MALGA) by so-called conservatives against Internet companies for allegedly squelching their voices. In this case, Craig Brittain, an erstwhile political candidate, had several campaign-related Twitter accounts suspended (including @CraigRBrittain, @AuditTheMedia, @SenatorBrittain, and…

2H 2018 Quick Links, Part 4 (Trespass, Contracts)

2H 2018 Quick Links, Part 4 (Trespass, Contracts)

Trespass * Ryanair v. Expedia, 2018 WL 3727599 (W.D. Wash. Aug. 6, 2018). CFAA can apply when a US company scrapes data from an international website. * Jackie’s Enterprises, Inc. v. Belleville 2018 N.Y. Slip Op. 07225 (N.Y. App. Div….

Screenshotting a Newspaper Page May Infringe a Licensed Photo--Hirsch v. Complex

Screenshotting a Newspaper Page May Infringe a Licensed Photo–Hirsch v. Complex

This is a copyright infringement lawsuit. Hirsch, a professional photographer, took a photo of Santino Boderick, who was an associate of a well-known hiphop artist, Bobby Shmurda. Hirsch licensed the photograph to the New York Post, where it appeared in…

Another Gambling Case Over Online Virtual Coins Proceeds--Wilson v. Playtika

Another Gambling Case Over Online Virtual Coins Proceeds–Wilson v. Playtika

I blogged about Big Fish, who had a trip to the Ninth Circuit and was denied a bid to arbitrate claims against it based on its waiver of the right to arbitrate. As a follow up, I also blogged about…

Restricting Competitive Keyword Ads Is Anti-Competitive--FTC v. 1-800 Contacts

Restricting Competitive Keyword Ads Is Anti-Competitive–FTC v. 1-800 Contacts

Starting in 2002 and continuing for about a decade, 1-800 Contacts systematically locked up many of its online contact lenses retail competitors into settlement agreements that prohibited the parties from bidding on each other’s trademarks at the search engines. Perhaps…

Ninth Circuit Easily Dismisses YouTube Remove-and-Relocate Case–Darnaa v. Google

This is one of the many lawsuits against YouTube for removing videos and relocating them to a new URL, which resets the view count and breaks inbound links. This case, involving the “musician” Darnaa, generated a little buzz a couple…

Gambling App Fails to Create Binding Terms of Service--Wilson v. Huuuge

Gambling App Fails to Create Binding Terms of Service–Wilson v. Huuuge

I’ve blogged about the Big Fish gambling case before Judge Leighton. He declined to order arbitration in that case, finding that Big Fish waived its right to arbitrate by extensively litigating the case. Judge Leighton is hearing some other similar…