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Sen. Josh Hawley’s “[Ending] Support for Internet Censorship Act” (S. 1914) would require large(ish) Internet companies to prove to the Federal Trade Commission (FTC) that they publish user content in a politically neutral way–or categorically lose Section 230 immunity. In…
In the Knight Foundation’s First Amendment lawsuit against President Trump for blocking Twitter users, the Second Circuit says that his blocking of users based on their viewpoints violates the First Amendment. This is a resounding loss for the President. (Our…
In what could be a seismic ruling, the Third Circuit held that Amazon is a legally responsible seller of defective marketplace items, exposing it to potentially enormous liability. This represents the worst loss yet for Amazon over marketplace sales. However,…
* Williams-Sonoma v. Amazon, Case No.18-cv-07548-EDL (N.D. Cal. May 2, 2019): The first theory of infringement – that Amazon set up an unauthorized Williams-Sonoma website – is not plausible. The screenshots included in the complaint and/or attached as exhibits show…
* Grasshopper House LLC v. Clean & Sober Media LLC, 2019 WL 2762936 (C.D. Cal. July 1, 2019). Prof. Tushnet recaps the case. The passages that stood out to me: Lastly, Passages argues for a third mechanism to estimate Cliffside’s…
Copyright * Long v. Dorset, 2019 WL 861424 (N.D. Cal. Feb. 22, 2019). Dorset allegedly locked Long out of his Facebook page. Access was restored in 5 business days. The court says that’s expeditious enough for DMCA notice-and-takedown purposes: Plaintiff’s…
This is one of many lawsuits over defective hoverboards sold by vendors in Amazon’s marketplace. Starting in November 2015, Amazon conducted an investigation into the dangers of hoverboards. On December 11, 2015, Amazon decided the entire category of hoverboards was…
This case involves the heartbreaking suicide of 12 year old Mallory Grossman, driven by offline and online peer bullying that included mean Snapchat messages. (Note: the opinion refers to Mallory as “MG,” but poor redactions reveal her name in the…
Some FOSTA-related links that have accumulated over the past few months: Lucy Kahn, “Against FOSTA/SESTA: One Canary’s Cry From Inside the Coal Mine“ Now that FOSTA/SESTA has been voted into law, I’ve literally seen my advertising platforms disappear before my…
This case involves an allegedly “predatory” adoption. As usual with custody disputes, the facts are heartbreaking. The birth mom agreed to place her unborn baby into adoption, but then changed her mind. The adoption court eventually awarded custody to the…