Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

…the contract breach harmed the plaintiff and the ways in which damages are computed once the plaintiff has established its prima facie contract breach case. In other words, a contracting…

Section 230 Applies to Claims Over Hijacked Accounts (Except Maybe Verified Accounts)–Wozniak v. YouTube

More Bitcoin litigation 🙄. This time, malefactors hijacked popular YouTube channels and uploaded videos promoting Bitcoin scams: First, scammers will breach YouTube’s security to unlawfully gain access to verified and…

Facebook Drops Anti-Scraping Lawsuit Against Bright Data (Guest Blog Post)

…they do. Because for the first time, a company with knowledge of an online agreement–acting in purported violation of that agreement by scraping–succeeded in defeating a breach of contract claim….

Ninth Circuit Enforces a “Browsewrap” (That Was Actually a Clickthrough)–Patrick v. Running Warehouse

This is a data breach case. Several e-commerce sites were hit, first by hackers and then by plaintiffs’ lawyers. The sites invoked their TOSes to send the data breach cases…

2023 Quick Links: Leftovers

Consumer Reviews * Route App, Inc. v. Heuberger, 2023 WL 5334192 (D. Utah Aug. 18, 2023): Heuberger argues that Route’s Breach of Contract claim fails because the non-disparagement provision in…

Game On! Bright Data Scores Major Victory in Web-Scraping Dispute with Meta (Guest Blog Post)

…Circuit opinions that concurred with his opinion. Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen…

Advertiser Can’t Force Facebook to Run Sex Product Ads–Strachan v. Facebook

breach of contract and the good faith/fair dealing implied covenant. It’s an easy dismissal. The court says Facebook can do whatever it wants. The “complaint pointed to no ’cause’ provision…

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

…fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim. Which makes the question of copyright preemption of online contracts a vitally…

YouTuber Loses Lawsuit Demanding $22/View–Ray v. Google

…meaning of the YPP Terms governing payment under the program. As such, there can be no breach because Google had no obligation to provide Ray with a fixed dollar amount…

Apple’s App Store Can Reject Unwanted Apps–Coronavirus Reporter v. Apple

…Contract Breach. Apple has the sole discretion to accept or reject apps, which is a hard provision to breach. Implications. Antitrust law is a terrible tool for regulating content moderation,…