Catching Up on the Parler v. AWS Dispute
I blogged Parler’s unsuccessful request to get injunctive relief preventing AWS’s termination of Parler as a customer. Since then, Parler dismissed the federal court lawsuit, filed a state court lawsuit, AWS removed the second lawsuit to federal court, and the…
Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee
This is Part II of a review of recent social media ownership disputes. In Part I, I looked at how the Satanic Temple of Washington could not use the CFAA or ACPA to get its Facebook accounts back. Part II…
More Confirmation That RSS Feeds Aren’t Just “Really Simple Stealing”–MidlevelU v. Newstex
The plaintiff made the full text of its blog posts available via RSS. Newstex, an aggregator, subscribed to the RSS feed as part of its “Index” service (which it ultimately discontinued because it wasn’t profitable). The service automatically generated summaries…
New Essay: “The Crisis of Online Contracts (as Told in 10 Memes)”
I’m pleased to share my newest essay, “The Crisis of Online Contracts (as Told in 10 Memes),” which describes the “crisis” of overly formalist contract assent doctrines online in a brief, breezy, and (I hope) fun format. The essay’s key…
TOS Isn’t a Browsewrap or a Clickwrap, But the Judge Upholds It Anyways–Regan v. Pinger
This case doesn’t break much new ground doctrinally, but it’s a characteristically clear opinion from Judge Koh that offers some helpful lessons/reminders. The app in question is called “Sideline,” “a paid service that allows users to create a ‘virtual,’ alternative…
Section 230 Protects App Store from Liability for Apps With Loot Boxes–Coffee v. Google
Many video games have loot boxes, where players can exchange valuable consideration (like in-game currency purchased for cash) for a chance to win something really valuable to gameplay. Because loot boxes may involve chance, consideration, and prizes, loot boxes may…
TripAdvisor Doesn’t Get Early Section 230 Dismissal–Putt v. TripAdvisor
Putt booked a tour through TripAdvisor’s subsidiary, Viator. On the tour, she suffered personal injuries. Putt sued TripAdvisor for negligence, misrepresentation, and more. Section 230. TripAdvisor invoked Section 230. The court says it’s too early to tell if TripAdvisor qualifies…
Continued Access to Service Not Sufficient to Bind User to New Terms of Service–Stover v. Experian
Stover signed up for an Experian subscription for credit monitoring in 2014. She alleged that Experian overstated the relevance of the credit report. She cancelled her subscription in 2014. In 2018, she accessed Experian’s website again, shortly before filing suit….
Planning to Sue Twitter Over an Account Suspension? YOU WILL LOSE–Murphy v. Twitter
Murphy engaged in deadnaming and misgendering in her tweets. Twitter repeatedly disciplined Murphy’s account until it finally permanently suspended the account. Murphy sued Twitter. The lower court ruled for Twitter on Section 230 grounds. The appeals court affirmed. This court…
Court Rejects Parler’s Demand That Amazon Host Its Services
Parler, a self-described “conservative microblogging alternative and [competitor] to Twitter,” sued Amazon Web Services for suspending its service. Parler claimed (1) antitrust violations, (2) breach of contract, and (3) tortious interference. Parler sought a temporary restraining order (which the court…