Instagram Embedding Cases Continue to Vex the Courts--McGucken v. Newsweek

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

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….

Vimeo Wins Section 230(c)(2)(A) Ruling on Motion to Dismiss--Daystar v. Vimeo

Vimeo Wins Section 230(c)(2)(A) Ruling on Motion to Dismiss–Daystar v. Vimeo

This case involves Daystar TV Network, “an evangelical Christian-based television network.” It contracted with Vimeo to host and distribute up to 2,000 hours of videos/year. Daystar uploaded over 3,000 videos to Vimeo pursuant to this contract. Vimeo’s AUP banned content…

If a Lawyer Accepts a TOS While Investigating a Claim, Does It Bind the Client to Arbitration?

Judge Chen (of the Northern District of California) answered this question “no”. The Ninth Circuit affirms in a memorandum opinion. This is a putative class action lawsuit against a people search company for allegedly misusing publicity and personality rights by…

Wouldn't It Be Great if Internet Services Had To License Technologies Selected by Hollywood? (Comments on the Very Dumb "SMART Copyright Act")

Wouldn’t It Be Great if Internet Services Had To License Technologies Selected by Hollywood? (Comments on the Very Dumb “SMART Copyright Act”)

A new entry in Congress’ parade of terrible Internet bills: the ‘‘Strengthening Measures to Advance Rights Technologies Copyright Act of 2022’’ or ‘‘SMART Copyright Act of 2022.’’ The SMART Copyright Act is being pitched as a light update of the…

YouTube Defeats Copyright Lawsuit For Not Removing Users’ Videos Quickly Enough–Business Casual v. YouTube

The plaintiff posted videos to YouTube. It claims that TV-Novosti, which runs the RT Arabic channel, infringed its copyrights. The plaintiff sent takedown notices to YouTube for the allegedly infringing RT Arabic videos. “YouTube removed the First RT Video nine…

Section 230 Survives Yet Another Constitutional Challenge--Huber v. Biden

Section 230 Survives Yet Another Constitutional Challenge–Huber v. Biden

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 on this theme. This case…

Departing Employees Rename Their Former Employers' Facebook Account. That May Be a Problem--La Baguette v. Tito & Tita

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

This is an employer/ex-employee dispute over a Facebook page. As alleged in the complaint, plaintiffs operated a bakery known as “La Baguette,” and hired defendants to manage aspects of the business. Defendants also managed the social media presence of the…

Airline Sues to Stop Popular Web-Scraping Service--American Airlines v. The Points Guy (Guest Blog Post)

Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

by guest blogger Kieran McCarthy Those interested in web scraping legal issues had high hopes that the Supreme Court’s opinion in Van Buren v. United States last summer would provide clear guidelines on which types of online data access were…

California Appellate Court Rejects Poorly Executed "Sign-In Wrap"--Sellers v. JustAnswer (Guest Blog Post)

California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)

By guest blogger Kieran McCarthy Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. Which is why it is perhaps odd that…