If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?--Shah v. NYP

If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP

Vivek Shah attended several Hollywood parties. While there, he preset the settings on his phone camera (including shutter speed, white balance, ISO, metering type, and exposure value) and asked friends or bystanders to use his phone to take photos of…

2022 Internet Law Year-in-Review

2022 Internet Law Year-in-Review

Three dynamics combined to make 2022 a brutal year for Internet Law. First, the techlash is taking its toll. There is widespread belief that the major incumbents are too big, too rich, and too capricious to avoid pervasive government control….

Twitter Defeats Account Suspension Lawsuit Again--Al-Ahmed v. Twitter

Twitter Defeats Account Suspension Lawsuit Again–Al-Ahmed v. Twitter

I previously described the case: This case involves the tragic situation where two Twitter employees allegedly became operatives for the Kingdom of Saudi Arabia and turned over sensitive information about the government’s critics to the Saudi Arabia government. I’m going…

Conflicting Terms of Service Provisions Undermine Arbitration Clause–Suski v. Coinbase

Coinbase launched “Dogecoin promotion” sweepstakes in 2021. Users sued Coinbase and its marketing agency, asserting claims under state law. Coinbase sought to send the case to arbitration, but there was a possible conflict in the governing TOSes. Coinbase’s standard terms…

2H 2022 Quick Links, Part 1 (Marketing, Privacy)

Marketing * FTC cracks down on live reads on the radio. * NY Times: Meta Agrees to Alter Ad Technology in Settlement With U.S. * Comcast v. Comptroller, No. C-02-cv-02-10509 (Md. Cir. Ct. Oct. 21, 2022). Court strikes down Maryland’s…

FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)

FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)

This is a consumer protection lawsuit against FitBit, now owned by Google. Google sought to send the case to arbitration based on the TOS provisions. The court sees this as a simple formation question because FitBit used a “clickwrap” (i.e.,…

Ninth Circuit Easily Rejects Another Jawboning Case--Huber v. Biden

Ninth Circuit Easily Rejects Another Jawboning Case–Huber v. Biden

I previously described the case: Twitter suspended Huber pursuant to its COVID misinformation policy. Huber claimed that Twitter took that action in league with the Biden administration. If this setup sounds familiar, that’s because at least a dozen cases riff…

Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

by Kieran McCarthy [Eric’s note: this is the second of a two-part series on the denouement of the hiQ v. LnkedIn case, which ended this week with a total loss for hiQ. The prior part explained the most recent ruling,…

Prager's Lawsuit Over Biased Content Moderation Decisively Fails Again (This Time, in State Court)--Prager v. YouTube

Prager’s Lawsuit Over Biased Content Moderation Decisively Fails Again (This Time, in State Court)–Prager v. YouTube

Adam Kovacevich has defined the “Prager Effect” as “suing Big Tech to make your MAGA censorship allegation, resulting in Courts significantly strengthening platforms’ legal rights to moderate.” Prager, which makes misleading videos that appear designed to radicalize kids to the…

As Everyone Expected Years Ago, hiQ’s CFAA Wins Don’t Mean It Can Freely Scrape–hiQ v. LinkedIn (Guest Blog Post, Part 1 of 2)

by Kieran McCarthy [Eric’s note: this is the first of a two-part series on the denouement of the hiQ v. LinkedIn case. This part explains the most recent ruling, a devastating but not unexpected loss for hiQ. The next part…