One Minute Spent Reviewing a Junk Fax Received via Email is Not Injury for Article III Purposes

One Minute Spent Reviewing a Junk Fax Received via Email is Not Injury for Article III Purposes

This is a junk fax case. Plaintiff (Daisy), a corporation, used Vonage to receive faxes. It received a junk fax, but rather than receiving it on its fax machine, Daisy received the fax via email, as a .pdf. Daisy alleged…

Court Says California’s Anti-Spam Statute Doesn’t Regulate Affiliate Networks–Bank v. Hydra

This judgment followed a bench trial in a case over three unwanted email messages. The case was originally filed in 2010! The plaintiff is a lawyer suing pro se. The defendant is Hydra Group, which operated an affiliate network. The…

Best and Worst Internet Laws [Repost from Concurring Opinions’ Archive]

[In 2007, I guest-blogged at the group law professor blog Concurring Opinions. With the demise of that blog, I am now archiving my guest posts on my own blog. This post first appeared on February 15, 2007.] __ [Preface: I’ve already…

Ninth Circuit Easily Dismisses YouTube Remove-and-Relocate Case–Darnaa v. Google

This is one of the many lawsuits against YouTube for removing videos and relocating them to a new URL, which resets the view count and breaks inbound links. This case, involving the “musician” Darnaa, generated a little buzz a couple…

Another YouTube Remove-and-Relocate Case Fails–Kinney v. YouTube

This is one of numerous cases relating to YouTube’s crackdowns on videos allegedly promoted by bots. YouTube removed the videos from the promoted URLs and relocated them to new URLs, thus stripping the initial videos of the benefits of the…

Video Advertising Contract Descends Into Possible "Cyberattack"--Radian Weapons v. GY6Vids

Video Advertising Contract Descends Into Possible “Cyberattack”–Radian Weapons v. GY6Vids

This is a lawsuit between Radian Weapons and GY6Vids, a company that Radian hired to promote Radian’s products on YouTube. (GY’s YouTube channel currently has almost seven hundred thousand subscribers. Press coverage of the lawsuit from The Bulletin here.) The…

Ninth Circuit Interprets Autodialer Broadly For TCPA Purposes

Marks signed up for a gym membership with Crunch Fitness. He received three text messages. He sued on behalf of a putative class. The key question is whether the messages were sent using an “automatic telephone dialing system” (ATDS) under…

YouTube Defeats Defamation Claim in 'Remove-and-Relocate' Case--Bartholomew v. YouTube

YouTube Defeats Defamation Claim in ‘Remove-and-Relocate’ Case–Bartholomew v. YouTube

YouTube has been sued numerous times for “removing-and-relocating” videos it thinks were promoted by spam. When it does a remove-and-relocate, YouTube takes down the video, discloses at the original URL that “This video has been removed because its content violated YouTube’s…

YouTube Defeats Another Remove-and-Relocate Case–Darnaa v. Google

YouTube has been sued a few times for removing a video based on its spam policies and then relocating it to a new URL because remove-and-relocate breaks in-bound links (and any associated marketing investments) and resets the view counter. This…

A Tale of Two Spokeos

A Tale of Two Spokeos

The Supreme Court provided important guidance about Article III standing, especially what constitutes an injury sufficient to satisfy Article III, in the Spokeo v. Robins ruling from May 2016. At the time, it was unclear whether the ruling was more…