This is an extraordinary opinion. I can’t recall another opinion where the judge so candidly admits that he made both procedural and substantive mistakes. As troubling as those mistakes were, it actually gives me great confidence to see a judge…
Guest Blog Post by Tyler Ochoa On March 4, 2019, the U.S. Supreme Court decided Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, 139 S.Ct. ____, 2019 U.S. LEXIS 1730. The case involved the interpretation of section 411(a) of the…
Cox alleged tweeted: “Islam is a Philosophy of Conquests wrapped in Religious Fantasy & uses Racism, Misogyny, Pedophilia, Mutilation, Torture, Authoritarianism, Homicide, Rape . . . Peaceful Muslims are Marginal Muslims who are Heretics & Hypocrites to Islam. Islam is…
I blogged about this case in September. PC Drivers makes software that claims to help speed up users’ computers. Malwarebytes blocked it as a “potentially unwanted program,” or PUP. Litigation ensued. In the prior ruling, Malwarebytes won big, but then…
512(c) and 230 diverge in key procedural respects, including the implications of scienter for motions to dismiss. Section 230(c)(1) has no scienter standards, so defendants can win on motions to dismiss despite virtually any scienter allegations. In contrast, Section 512(c)’s…
The plaintiff is a real estate investor. It bought and fixed up a property in New Jersey. Afterwards, the plaintiff listed the property for $7,788,000. On the property’s Zillow page, right below the listing price, Zillow displayed its zestimate of $3,703,597….
This is a lawsuit brought by former owners of a car who were incorrectly identified as the driver of the vehicle (and his father, respectively) who ploughed into a crowd of pedestrians in Charlottesville. In the wake of the planned…
My schedule tends to get busy around each new year, so my year-end recaps keep coming later and later. I hope it’s better late than never. It’s been a rough year for Internet law. As I tweeted in June: When…
[ugh, somehow this got lost in my drafts folder. Sharing it now…] * Vice: “The Impossible Job: Inside Facebook’s Struggle to Moderate Two Billion People.” If you read only one article on content moderation, choose this one. Things I learned included: Facebook…
Yesterday, the California Assembly Committee on Privacy and Consumer Protection held a hearing on the California Consumer Privacy Act. I believe this is the first legislative hearing ever on the law. The initial passage took place in a frenetic week,…