Review of the "Pepsi, Where's My Jet?" Netflix Documentary

Review of the “Pepsi, Where’s My Jet?” Netflix Documentary

In the mid-1990s, at the height of the Cola Wars, Pepsi ran an ad to introduce its “Pepsi Stuff” loyalty program, including a featured prize of a Harrier Jet for 7M points–a ridiculously high number that was supposed to signal…

Defendants Get Important FOSTA Win in 9th Circuit--Doe v. Reddit

Defendants Get Important FOSTA Win in 9th Circuit–Doe v. Reddit

This is the first federal appellate ruling applying FOSTA. (The DC Circuit evaluated a facial constitutional challenge to FOSTA in Woodhull). It’s an important defense win. If this ruling stands and persuades other appellate courts, it has significant implications for…

My New Article Drops a Truth Bomb on Zauderer and Censorial Efforts to Mandate Editorial Transparency

My New Article Drops a Truth Bomb on Zauderer and Censorial Efforts to Mandate Editorial Transparency

The battle over online free speech has drifted away from direct Section 230 reform and towards a variety of other regulatory ideas that would instead undermine Section 230’s core principles. One such ancillary battleground involves the regulatory push for “editorial…

If the Word "Emoji" is a Protectable Trademark, What Happens Next?--Emoji GmbH v. Schedule A Defendants

If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants

Emoji Co. GmbH has registered trademarks in the dictionary word “Emoji.” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety…

More Evidence that FOSTA Benefited No One

More Evidence that FOSTA Benefited No One

This is another empirical study into FOSTA’s effects. At the Stanford Trust & Safety conference, I heard a presentation of this paper: Helen Shuxuan Zeng, Brett Danaher, & Michael D. Smith, Internet Governance Through Site Shutdowns: The Impact of Shutting…

First Amendment Protects Videogame's Depiction of Tractor's Trade Dress--Saber v. Oovee

First Amendment Protects Videogame’s Depiction of Tractor’s Trade Dress–Saber v. Oovee

This case involves the Polish tractor manufacturer Kirovets’ K-700 tractor: Saber makes the videogame MudRunner. It exclusively licensed the right to depict the K-700 in its videogames, including the right to enforce the exclusive license in court. Oovee make the…

Another Example of How "Notice and Explanations" Requirements are a Liability Trap--Shared v. Facebook

Another Example of How “Notice and Explanations” Requirements are a Liability Trap–Shared v. Facebook

Shared.com is a content producer. It ran Facebook self-service ads and participated in Facebook’s “instant articles” program that let Facebook embed ads in its content in exchange for a revenue cut. Starting in 2018, Shared “lost access” to the instant…

Griper's Keyword Ads May Constitute False Advertising (Huh?)--LoanStreet v. Troia

Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia

Troia was a LoanStreet employee. He was allegedly fired for cause. Troia posted disparaging comments about LoanStreet at Glassdoor.com, Reddit.com, and Teamblind.com. He then worked to boost the posts’ visibility, including: the posts asked users to “follow [his] link and…

Section 230 Protect Apple's App Store from Claims Over Cryptocurrency Theft--Diep v. Apple

Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple

This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). The plaintiffs’…

Another Tough Ruling for People Search Databases--Camacho v. Control Group Media

Another Tough Ruling for People Search Databases–Camacho v. Control Group Media

This is another people search case with another rough outcome for defendants. If the defendants in these cases don’t get relief on appeal, I don’t know how the people search and yearbook industries are going to survive. [Note: this opinion…