In-Line Linking May Be Copyright Infringement–Goldman v. Breitbart News

Ugh, this decision is bad. How bad is it? It makes me sympathetic to Breitbart, and I didn’t even know that was possible. You may want a box of tissues nearby before reading this. The TL;DR: for over a decade, in-line linking has been treated…

Plaintiff's Location-Based Privacy Claim Against BART Reporting App Fails

Plaintiff’s Location-Based Privacy Claim Against BART Reporting App Fails

In Moreno v. S.F. Bay Area Rapid Transit District, the plaintiff sued BART and Elerts Corporation for allegedly violating several California privacy statutes and infringing plaintiff’s common law and constitutional privacy rights. The court rejects the claims. BART, in cooperation…

Search Engines Aren’t Liable for Indexing ‘Scam’ Locksmith Listings–Baldino’s Lock v. Google

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] The plaintiff in this case, Baldino’s Lock & Key, brought a very similar lawsuit in 2014. It alleged that Google indexed scam locksmiths and allowed them…

Airbnb Gets Crucial Section 230 Win Over Unauthorized Subleases–La Park La Brea v. Airbnb

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] Many of Airbnb’s short-term rental listings are illegal. For example, some listings violate local ordinances regulating short-term rentals. Also, apropos to this case, some listings constitute…

Facebook Defeats Lawsuit Over Tracking Logged-Out Users--In re Facebook Internet Tracking

Facebook Defeats Lawsuit Over Tracking Logged-Out Users–In re Facebook Internet Tracking

Facebook allegedly improperly tracked the activity of logged-out Facebook users on third party websites. Plaintiffs asserted claims based on common law rights and based on federal and state statutes, but the court previously rejected those. In the latest ruling, the court…

Interesting Tidbits From FTC's Antitrust Win Against 1-800 Contacts' Keyword Ad Restrictions

Interesting Tidbits From FTC’s Antitrust Win Against 1-800 Contacts’ Keyword Ad Restrictions

Over the course of about a decade starting in 2004, 1-800 Contacts entered into over a dozen settlement agreements with competitors, most of which mutually restricted both parties from buying keyword ads triggered to their competitor’s trademarks and sometimes requiring…

YouTube Defeats Defamation Claim in 'Remove-and-Relocate' Case--Bartholomew v. YouTube

YouTube Defeats Defamation Claim in ‘Remove-and-Relocate’ Case–Bartholomew v. YouTube

YouTube has been sued numerous times for “removing-and-relocating” videos it thinks were promoted by spam. When it does a remove-and-relocate, YouTube takes down the video, discloses at the original URL that “This video has been removed because its content violated YouTube’s…

Court Rejects Gossip Site's Fair Use Defense--Barcroft v. Coed Media

Court Rejects Gossip Site’s Fair Use Defense–Barcroft v. Coed Media

This is a copyright lawsuit by owners of celebrity photos against a gossip and entertainment website. It’s noteworthy because it went to trial and the plaintiffs prevailed, but the damage award is modest. The court finds that plaintiffs owns or validly…

First Circuit Rejects Copyright Workaround to Section 230--Small Justice v. Ripoff Report

First Circuit Rejects Copyright Workaround to Section 230–Small Justice v. Ripoff Report

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] Goren runs a law firm, Small Justice. DuPont, a defendant in a case Goren brought, posted two negative reviews about Goren to Ripoff Report. Goren sued DuPont, who…

Hyperlinking to Sources Can Help Defeat Defamation Claims–Adelson v. Harris

An activist group posted an online petition urging then-Presidential candidate Mitt Romney to reject Nevada billionaire Sheldon Adelson’s campaign contribution. The petition linked to an AP story, which in turn linked to a court filing alleging that Adelson OKed his hotel empire…