A Pop Quiz on TOS Formation–Wilson v. Triller
Triller is a TikTok rival. Its account formation process includes the screenshot on the left. On the right is the screenshot from Meyer v. Uber, which the Second Circuit held created an enforceable TOS. Is the Triller screen sufficiently similar…
If TOS Formation Fails, Bad Legal Outcomes Are Likely to Follow–Doe v. Roblox
This case involves Roblox, a virtual world. Allegedly, a majority of Roblox users are under 13. Roblox has an in-game currency, Robux. Users can manufacture virtual items in-game, and other users can buy those items using Robux, with Roblox taking…
Twitter Defeats Trump’s Deplatforming Lawsuit–Trump v. Twitter
In July 2021, Trump sued Twitter, Facebook, and YouTube for terminating/suspending his accounts. At the time, I made a 6-step prediction for how the lawsuits would go: Step 3 in the Twitter case, the transfer from Florida to California, occurred…
Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn
The hiQ v. LinkedIn lawsuit started in 2017. In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. The Supreme Court vacated that decision and told the Ninth Circuit to reconsider its ruling in light…
Account Suspension Lawsuit Against Twitter Survives Motion to Dismiss–Berenson v. Twitter
This case involves Alex Berenson, a one-time NY Times reporter who drifted into #MAGAland. On Twitter and elsewhere, Berenson downplayed the risks of COVID and questioned the safety of the COVID vaccines. Unlike most Twitter users, Berenson was high-profile enough…
Section 230 Helps Facebook Defeat Lawsuit Over Scam Ads–Calise v. Meta
The plaintiffs allege that Facebook runs third-party ads for scammy third-party merchant websites. One plaintiff claims a merchant didn’t send the ordered goods as described. Another plaintiff claimed that a merchant never sent any goods at all. The plaintiffs sued…
Facebook Defeats Lawsuit Over Its Failure to Explain an Account Termination–King v. Facebook
This is another one of the many unsuccessful lawsuits over online account terminations. The court previously rejected most of this lawsuit on a mix of Section 230 grounds and the prima facie elements, but permitted the plaintiff to try again…
Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial
The Ninth Circuit recently considered when consumers assent to terms through interacting with a website: Berman v. Freedom Financial Network, LLC. The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking…
Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek
This is a summary judgment ruling in a case where a photographer (McGucken) argues that embedding by a third party (Newsweek) of a photo posted to Instagram is an unauthorized display and therefore infringing. The court previously denied Newsweek’s request…
Section 230 Preempts Game User’s Lawsuit Over Game Moderators’ Behavior–Quinteros v. Forge of Empires
This lawsuit involves the freemium videogame “Forge of Empires.” The plaintiff, Penny Quinteros (a/k/a TwoCents), claims she became addicted to the game. She played the game virtually every day from 2016-19–over 10,000 hours worth–and spent over $9,000 on in-game transactions….