Ninth Circuit Reminds Businesses: “Clickwrap or It’s Crap”
The Ninth Circuit struck down two more TOS formations this week. In both cases, the panels applied exacting standards when reviewing the screens. You’ve been warned about this risk (many times). Morrison v. Yippee Entertainment, Inc., No. 25-7161 (9th Cir….
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 devolved 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…
Another Abusive “Yelp Law” Lawsuit Fails–Scott v. Ulta
If you aren’t familiar with the mass-lawsuit campaign to weaponize California’s “Yelp Law,” Civil Code 1670.8, maybe start here to get up to speed. In short, California banned contract provisions that purport to restrict consumers from reviewing the business. Plaintiffs…
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?”…