New York’s New Post-Mortem Right of Publicity Law Comes Into Effect, Part 2 (Guest Blog Post)

by guest blogger Tyler Ochoa On May 29, 2021, New York’s new post-mortem right of publicity law came into effect.  The law is codified at N.Y. Civil Rights Law § 50-f.  It provides for a post-mortem right of publicity for a…

New York’s New Post-Mortem Right of Publicity Law Comes Into Effect, Part 1 (Guest Blog Post)

by guest blogger Tyler Ochoa On May 29, 2021, New York’s new post-mortem right of publicity law came into effect.  The law is codified at N.Y. Civil Rights Law § 50-f.  It provides for a post-mortem right of publicity for a…

Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee

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…

Section 230 Covers Republication of Old Yearbooks--Callahan v. Ancestry

Section 230 Covers Republication of Old Yearbooks–Callahan v. Ancestry

Ancestry.com publishes 450,000 old yearbooks in the form of 730M records that contain, at least, “the person’s name, photograph, school name, yearbook year, and city or town (at the time of the yearbook).” Ancestry doesn’t disclose how it acquires the…

IP Lawsuits Against Print-on-Demand Vendors Continue to Vex the Courts--OSU v. Redbubble & More

IP Lawsuits Against Print-on-Demand Vendors Continue to Vex the Courts–OSU v. Redbubble & More

[This post covers three recent print-on-demand cases. After the Ohio State writeup, keep reading for more fun and confusion.] Redbubble operates in the print-on-demand industry, but it’s adopted a different organizational structure than some of its competitors. Redbubble outsources manufacturing…

Facebook Isn’t Liable for Account Hack/Hijack–Damner v. Facebook

This is a pro se lawsuit. Damner claims his Facebook account was hacked in April 2020 and the hacker(s) took it over. He notified Facebook but allegedly it never responded. Damner sued Facebook for Stored Communications Act claims and others….

YouTube Defeats Lawsuit Over Cryptocurrency Scam--Ripple v. YouTube

YouTube Defeats Lawsuit Over Cryptocurrency Scam–Ripple v. YouTube

Ripple Labs developed a cryptocurrency called XRP. Scammers phished verified YouTube accounts and then used the hijacked accounts to post YouTube videos–seemingly from Ripple–inducing consumers to transfer their XRP, where they were stolen. YouTube allegedly responded to takedown notices slowly….

Section 230 Applies to Publicity Rights Claim--Hepp v. Facebook

Section 230 Applies to Publicity Rights Claim–Hepp v. Facebook

Karen Hepp is a TV show host on the Fox 29 channel in Philadelphia. (No “Karen” jokes, please). She claims that “a photograph of her taken by a security camera in a convenience store in New York City was being…

Ninth Circuit Reinstates Decade-Old Lawsuit Against Facebook For Tracking Logged-Out Users--In re Facebook Internet Tracking

Ninth Circuit Reinstates Decade-Old Lawsuit Against Facebook For Tracking Logged-Out Users–In re Facebook Internet Tracking

Users sued Facebook in 2012 alleging it improperly tracked users’ browsing while they were logged out of Facebook. Facebook apparently included code in its “like” button on third party websites that would inform Facebook when the user visited the website…

Section 230 Doesn't Protect Advertising "Background Reports" on People--Lukis v. Whitepages

Section 230 Doesn’t Protect Advertising “Background Reports” on People–Lukis v. Whitepages

Whitepages compiles and generates “background reports” on people, remixing content from a database of public and private records that allegedly incorporates 2B+ records/month. In response to searches on people’s names, Whitepages provides free previews, such as this one included in…