More Chaos in the Law of Online Contract Formation

Another 3k+ word post about the jurisprudential chaos in online contract formation law. You’ll notice that this post gets increasingly surly as the cumulative effect of the judicial inanity weighed on me. Two top-line takeaways you might get from this…

Instagram Account Termination Case Fails--Johnson v. Instagram

This is yet another account termination case. I just blogged one involving LinkedIn yesterday. Different social media service, same result–case dismissed. Johnson’s Instagram account, @LICKMYKAKEZ, had 2.8M followers. She ran a business selling adult toys and promoted the business on…

Another LinkedIn Account Termination Case Fails--Gundogdu v. LinkedIn

Another account termination case. The plaintiff shared “her religious conservative opinions” on LinkedIn. LinkedIn closed the account because she allegedly shared misleading COVID information. “Plaintiff claims that her beliefs against the COVID-19 vaccines are rooted in religion.” She also claims…

Announcing the 2023 Edition of My Internet Law Casebook

I’m pleased to announce the 2023 edition (14th edition) of my Internet Law casebook, Internet Law: Cases & Materials. The book is available as a PDF at Gumroad for $10, a Kindle ebook for $9.99, a softcover version for $20, and a hardcover…

How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post)

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works.  Do these creations belong to the artists or the public domain?  Do creators who use generative AI maintain copyright…

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of…

Section 230 Immunizes Facebook's "Design and Architecture" Choices--M.P. v. Meta

This case involves the murderous attack by Dylann Roof against the Emanuel AME Church in Charleston, S.C., killing nine African-Americans. A victim’s daughter sued Facebook, alleging that Facebook’s “design and architecture” radicalized Roof, and that should disqualify Facebook for Section…

Ellen Okolita developed bird costumes for children, took photos of her children wearing the costumes, and used the photos to sell about 8,000 costumes on Etsy (at her “Tree and Vine” store). Read a profile of her. (Sorry, I’m not…

Texan J6er's Social Media Censorship Case Moved to California--Davis v. Facebook

Paul Davis is a lawyer and a self-described “J6er,” i.e., a participant in the January 6, 2021 U.S. Capitol insurrection. (His current Instagram bio: “God-fearing, freedom-fighting, ultra-MAGA🔥⬆️TX lawyer for patriots ✝️⚖️🇺🇸 J6er”). His legacy Facebook and Instagram accounts got suspended…

A Single Emoji Could Constitute Securities Fraud--In re Bed Bath & Beyond

This case involves Ryan Cohen, who made a fortune running Chewy.com and then switched his interests to meme stocks. He bought a 9% interest in the failing retailer Bed Bath and Beyond, hyped the stock, and then liquidated his position,…