Ninth Circuit Resolves Two of the Facebook Sponsored Stories Lawsuits
The litigation over Facebook’s sponsored stories occurred what seems like eons ago. Recently, the last of it wrapped up (although the latest ruling is the subject of a petition for rehearing en banc). It generated lots of blog fodder, and…
Posting Mocking Photo To Social Media May Be Tortious….If You’re Shaq–Binion v. O’Neal
Jahmel Binion alleges that Shaquille O’Neal posted to Instagram and Twitter a picture of him that portrayed Binion in a derogatory capacity. Binion suffers from a skin disease that left him disfigured. Shaq posted a picture of Binion side-by-side with…
2H 2015 Quick Links, Part 6 (Social Media)
* Burge ex rel. Burge v. Colton School Dist. 53, 2015 WL 1757161 (D. Or. April 17, 2015). 8th grader gets a C in a class and gets grounded. He vents about the teacher on Facebook: Braeden initially posted that…
Woman That Rapper 2 Chainz Called a “THOT” In Viral Video Loses Lawsuit–Chisholm v. Epps
Tauheed Epps is a rapper known as “2 Chainz”. While backstage at one of his concerts, he allegedly filmed plaintiff while walking around backstage with his entourage, and repeatedly called her a “THOT” (which stands for “That Hoe Over There”)….
When Does A Parody Twitter Account Constitute Criminal Identity Theft?–Sims v. Monaghan
Plaintiff, while he was in custody, created a fake Twitter account in the name of “Frank Zamiara” with the user name “LitlZeezy”. The account “was meant to act as the voice and alter ego of [an] abusive deputy.” It was…
Disney Not Liable For Disclosing Device IDs And Viewing Habits
This is another VPPA case grappling with the question of how the statute defines “personally identifiable information.” A recent key VPPA ruling addressed the issue of whether someone who downloads an app is a “subscriber” (answer: no), but the PII…
App Users Aren’t “Subscribers” Under the VPPA–Ellis v. Cartoon Network
Many VPPA cases involve free online streaming services. Here, plaintiff alleged that he downloaded the Cartoon Network app, and Cartoon Network then disclosed to Bango, an ad network, plaintiff’s device ID and the videos he viewed. Plaintiff also alleged that Bango…
Another Murky Opinion on Lawyers Buying Keyword Ads on Other Lawyers’ Names–In re Naert
I recently posted a co-authored article, Regulation of Lawyers’ Use of Competitive Keyword Advertising, discussing lawyers’ use of competitive keyword ads triggered by other lawyers’ names. That article examines both IP laws and attorney rules of professional conduct and explains…
Teacher Who Blogged Pseudonymously About Students Being “Rat-Like” or “Dunderheads” Loses Appeal
This case involved a teacher who maintained a pseudonymous blog that, along with her personal observations and musings, chronicled some of her frustrations with students. One post in particular talked about her challenges with providing tailored feedback for her students,…
Company’s Social Media Accounts Transferred in Bankruptcy
This case addresses whether social media accounts used in connection with a business become property of the bankruptcy estate. The debtor, known as “Tactical Firearms,” was formed by Jeremy Alcede. Originally it was owned by Alcede and his then-wife, but…