Copyright Protection for Banana Costumes Is, Uh, Bananas--Silvertop v. Kangaroo

The Third Circuit has held that a banana costume qualified for copyright protection (the blog reference to the district court opinion). The plaintiff’s design is on the left. The defendants’ designs are in the middle and on the right. The…

Claim Over Takedown Notice Triggers Anti-SLAPP Law & a Fee Shift--Complex v. X17 [EDITED TO CORRECT A MAJOR ERROR]

*** CRITICAL UPDATE*** Ugh, I’m embarrassed to admit that I made a serious error in reading the opinion. I cannot edit the post to correct the error. The mistake infects the entire post and the main point. I’m leaving up…

Some Much-Needed Pushback on the Anti-Section 230 Craziness (Linkwrap)

The criticisms of Section 230 are a sign we’re living in Crazytown. The lies and misdirection about Section 230–coming both from cranks/trolls as well as our government leaders (please, no jokes about how those are the same thing)–are out of…

Correcting the Record on Section 230's Legislative History (Guest Blog Post)

by guest blogger Jeff Kosseff, author of The Twenty-Six Words That Created the Internet [Eric’s introduction: yesterday, I blogged the Second Circuit’s decision in Force v. Facebook. In dissent, Judge Katzmann wrote a lengthy examination of Section 230’s legislative history….

Second Circuit Issues Powerful Section 230 Win to Facebook in "Material Support for Terrorists" Case--Force v. Facebook

In a 101 page set of opinions, the Second Circuit ruled emphatically for Facebook in one of the multitudinous lawsuits alleging that it provided material support to terrorists (in this case, Hamas). The majority relied exclusively on Section 230, in…

Announcing the 2019 Edition of My Internet Law Casebook

I’m pleased to announce this year’s edition of my Internet Law casebook, Internet Law: Cases & Materials. It’s available as a PDF at Gumroad for $10, as a Kindle book for $9.99, and in hard copy at Amazon for $22 + shipping….

Consumers Can't Understand the Online Contracts They "Agree" To. Now What? (Guest Blog Post)

by guest blogger Prof. Samuel I. Becher, Victoria University of Wellington [Eric’s introduction: I’ve repeatedly mentioned the “crisis of online contracts.” We routinely embrace the fiction of online contract formation despite the fact that we know people don’t read the contracts, they wouldn’t…

This is a pro se privacy lawsuit by 4 longtime Facebook users (from 2007-09). It covers a lot of the same topics as the dozens of pending privacy class action lawsuits against Facebook. Not surprisingly, as a pro se suit,…

Wisconsin Court Holds Amazon Can Be Strictly Liable for Marketplace Items--State Farm v. Amazon

This is another case seeking to hold Amazon liable for defective items sold by its marketplace vendors (in this case, a bathtub faucet adapter that led to a household flood). Amazon had a remarkable string of wins in cases like…

Lessons from Bumble's Choice of Law Clause--King v. Bumble

This is a lawsuit against the dating app “Bumble” challenging Bumble’s refund and renewal practices. Plaintiffs allege Bumble violated two California statues: (1) the Dating Service Law, and (2) the Automatic Renewal Law. The first requires dating services to give…